V K 55/18
AI generated
Court sentenced father to ten months of restricted liberty for persistent failure to pay child support.
Poland (PL)
Legislator summary
AI generatedThe court found the defendant guilty of willfully evading child support obligations, resulting in arrears exceeding three times the monthly amount. The prosecution argued that the defendant had the objective ability to work but chose to remain inactive and spend social assistance funds on alcohol. Consequently, the court imposed a sentence of ten months of restricted liberty combined with mandatory unpaid community work to achieve both preventive and educational goals.
Legislator headnote
AI generatedArt. 209 §1a kk; Art. 53 §1 kk; Art. 58 §1 kk: A court may impose a sentence of restricted liberty for willful evasion of child support when the offender has the objective ability to work but remains inactive, provided the penalty serves preventive and educational purposes.
Keywords
AI generated
willful evasion of child support
persistent failure to pay
restricted liberty sentence
unpaid community work
preventive and educational goals
objective ability to work
social assistance misuse
Cited Legislation
AI generatedArt. 209 §1a kk
Art. 34 §1 kk
Art. 35 §1 kk
Art. 35 §4 kk
Art. 72 §1 pkt 3 kk
Art. 53 §1 kk
Art. 58 §1 kk
Art. 424 §3 kpk
Cited Case Law
AI generatedII KK 221/08
II KK 125/03
Related Decisions
AI generatedVII K 666/13
Court convicted defendant of two non-support crimes and suspended an 8-month prison sentence for 2 years.
VII K 176/21
Court sentenced defendant to one year and two months imprisonment for non-payment of child support to two children.
V K 23/19
Court convicted defendant of alimentary duty evasion and sentenced to two months imprisonment.
II K 222/25
Court convicted defendant of alimentary evasion under recidivism rules due to failure to pay child support for five years.
II K 683/13
Court acquits defendant of alimentary evasion due to lack of malicious intent and insufficient evidence of willful refusal.