II K 648/18
AI generated
Court convicted father for non-payment of child support exceeding three monthly installments and sentenced him to a fine.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of evading a court-ordered child support obligation, finding that his arrears exceeded three monthly installments. Although the defendant denied paternity and claimed non-responsibility, the court rejected these claims based on prior judicial determinations and documentary evidence. Consequently, the court imposed a daily fine of 200 units, deeming it an appropriate financial penalty that balances social harm with the defendant's ability to pay.
Legislator headnote
AI generatedArt. 209 § 1 kk k.k.; Art. 58 § 1 kk k.k.: Evading a court-ordered alimentary obligation where arrears equal at least three periodic payments constitutes a crime punishable by a fine if imprisonment is not necessary to achieve penal goals.
Keywords
AI generated
evading alimentary obligation
child support arrears
criminal conviction
daily fine penalty
paternity determination
social harm degree
resocialization purpose
Cited Legislation
AI generatedArt. 209 § 1 kk k.k.
Art. 58 § 1 kk k.k.
Art. 627 k.p.k.
Art. 3 ust. 1 ustawy o opłatach w sprawach karnych
Related Decisions
AI generatedVII Ka 1070/13
Court dismissed public prosecutor's appeal on alimony evasion, upholding acquittal due to lack of malicious intent.
II K 275/15
Court convicted father of neglecting duty to support children, suspended sentence for 3 years.
II K 681/17
Court convicted defendant of aliment evasion under recidivism rules and sentenced to six months imprisonment.
IX Ka 233/18
Court dismisses prosecution for non-support due to negligible social harm despite formal violation of duty.
II K 64/18
Court convicted defendant of child support evasion under Polish Criminal Code and sentenced to four months imprisonment.