Court acquits defendant of alimentary neglect due to direct provision of support despite non-payment to mother.
Legislator summary
AI generatedThe court acquitted the defendant of the crime of alimentary neglect, ruling that his failure to pay the mother directly did not constitute criminal evasion. Although the defendant owed over 900 zł in arrears, the court found he actively met the children's needs through direct gifts and cash transfers because he distrusted the mother's ability to provide for them. The prosecution failed to prove the defendant acted with malicious intent to withhold support, as he consistently prioritized the children's actual welfare over formal payment channels.
Legislator headnote
AI generatedArt. 209 § 1a k.k.; Art. 128 k.r.o.; The crime of alimentary neglect requires proof that the obligor, having the objective ability to perform the duty, failed to do so out of malicious intent; mere non-payment to the entitled party does not suffice if the obligor directly satisfies the needs of the entitled persons.