Legislator Case Law & Legislation
II K 818/18 AI generated

Court acquits father of intentional non-feeding crime due to lack of willful evasion and inability to pay.

Case Number II K 818/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, D. J., of the crime of intentional non-feeding of his son, ruling that the prosecution failed to prove the required element of willful evasion. Although the defendant had a history of unpaid child support and faced enforcement actions, the court found his behavior resulted from genuine employment difficulties and a lack of resources rather than a deliberate refusal to pay. Consequently, the court determined the necessary intent for the crime under Article 209 § 1 of the Criminal Code was absent and dismissed the charges.

Legislator headnote

AI generated

Art. 209 § 1 k.k.; The crime of intentional non-feeding requires proof of direct intent to evade the obligation; mere failure to pay due to financial inability or lack of will does not constitute the crime.

Keywords

AI generated
intentional non-feeding child support evasion criminal intent financial inability willful evasion Article 209 Criminal Code acquittal

Cited Legislation

AI generated
Art. 209 § 1 k.k.
Art. 632 pkt 2 k.p.k.

Cited Case Law

AI generated
AI generated

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