II K 484/17
AI generated
Court convicted defendant of hindering enforcement via gift, imposing fine for malicious debt evasion.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of hindering the execution of a court judgment by gifting his only asset to his brother. The prosecution argued the transfer occurred shortly after a creditor's meeting and targeted the property threatened with seizure. The court found the defendant acted with full awareness of his debts and the intent to evade enforcement, resulting in a guilty verdict and a monetary fine.
Legislator headnote
AI generatedArt. 300 § 2 k.k.; Art. 37a k.k. in conjunction with Art. 33 § 1 and 3 k.k.: A transfer of assets to a third party, executed with the intent to hinder the enforcement of a final court judgment and knowing the existence of creditor claims, constitutes the crime of hindering enforcement.
Keywords
AI generated
hindering enforcement
gift evasion
debt avoidance
court judgment
criminal conviction
asset transfer
creditor rights
Cited Legislation
AI generatedArt. 300 § 2 k.k.
Art. 37a k.k.
Art. 33 § 1 k.k.
Art. 33 § 3 k.k.
Art. 53 § 1 k.k.
Art. 53 § 2 k.k.
Art. 627 k.p.k.
Cited Case Law
AI generatedRelated Decisions
AI generatedII K 578/20
Court imposed suspended prison sentences and compensation for fraud against a company by two partners.
I Ca 34/14
Court corrects lower court judgment to specify creditor for ineffective legal act invalidation.
I ACa 910/12
Court dismissed appeal declaring gift deed void due to creditor harm under Civil Code Art. 527. The debtor gifted property while insolvent, harming creditor rights.
VI Cz 1647/16
Appeal court dismisses security request because plaintiff failed to prove creditor's claim was jeopardized by the gift.