II K 615/19
AI generated
Parents acquitted of child support evasion due to lack of criminal intent despite financial hardship and efforts to maintain contact.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the parents of charges for evoking child support obligations, ruling that their failure to pay was not criminal. Although the defendants missed payments due to financial difficulties and initially believed court enforcement had ceased, they actively maintained contact with their daughter and visited her frequently. The court determined that these actions demonstrated a lack of criminal intent required for the crime, leading to a complete acquittal.
Legislator headnote
AI generatedArt. 209 § 1 i 1a k.k.; Art. 17 § 1 pkt 2 k.p.k.; The crime of evading child support requires proof of negative intent; failure to pay due to financial inability combined with active efforts to maintain parental contact negates the element of criminal intent.
Keywords
AI generated
child support evasion
criminal intent
financial hardship
parental contact
acquittal
negative intent
alimony obligation
Cited Legislation
AI generatedArt. 209 § 1 i 1a k.k.
Art. 17 § 1 pkt 2 k.p.k.
Art. 414 § 1 k.p.k.
Art. 632 pkt 2 k.p.k.
art. 632 pkt 2 k.p.k
art. 17 § 1 pkt 2 k.p.k
art. 414 § 1 k.p.k
Related Decisions
AI generatedIII K 258/15
Court acquits father of alimentary neglect due to family financial hardship and lack of resources.
II K 18/18
Court conditionally dismisses prosecution for non-payment of child support due to minor fault and restitution.
II K 308/24
Court acquits defendant of alimentary neglect due to proven provision of children's basic needs despite financial arrears.
II K 756/17
Court acquits mother of non-support crime as children's poverty was caused by father's neglect, not lack of payments.
II K 371/25
Court imposes community service and child support for non-payment of alimony despite prior court order.