II K 212/19
AI generated
Court imposed a fine for child support evasion, rejecting probation due to prior imprisonment history.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of evading child support payments and imposed a fine of 100 daily units. Although the prosecutor requested probation, the court rejected it because the defendant had a prior criminal record involving imprisonment. Consequently, the court applied the statutory requirement that probation is only available if the offender was not previously sentenced to imprisonment.
Legislator headnote
AI generatedArt. 209 § 1a k.k.; Art. 69 § 1 k.k.: A fine is an adequate penalty for child support evasion, but probation cannot be granted if the offender has a prior record of imprisonment.
Keywords
AI generated
child support evasion
criminal fine
probation suspension
prior imprisonment record
daily fine units
Cited Legislation
AI generatedArt. 209 § 1a k.k.
Art. 33 § 1 and 3 k.k.
Art. 69 § 1 k.k.
Art. 53 k.k.
Art. 627 k.p.k.
Art. 423 § 1a k.p.k.
Art. 335 k.p.k.
art. 627 k.p.k
art. 335 k.p.k
art. 69§1 k.k
Related Decisions
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Court imposes combined sentence for repeat offenders, rejecting probation due to lack of rehabilitation results.
III K 30/14
Court combined multiple prior sentences into a new total sentence of two years imprisonment without probation.
II K 314/18
Court combined two prison sentences and lifetime driving bans for a drunk driving offender, rejecting full absorption.
III Kop 42/13
Court issues European Arrest Warrant for fugitive convicted of fraud who failed to serve suspended sentence.