Legislator Case Law & Legislation
II K 227/19 AI generated

Court sentenced father to six months of community service for non-payment of child support after five years of imprisonment.

Case Number II K 227/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of evading child support obligations, resulting in a sentence of six months of community service. The prosecution argued that the defendant's failure to pay for five years, following a prior prison term, caused severe hardship to his children. The court acknowledged the severity of the offense but mitigated the punishment due to the defendant's recent partial payment of alimony, deeming immediate imprisonment too harsh and counterproductive.

Legislator headnote

AI generated

Art. 209 § 1 i 1a kk w zw. z art. 64 § 1 kk; The court may impose a sentence of community service instead of imprisonment when the offender's prior incarceration makes immediate deprivation of liberty disproportionately severe compared to the social harm caused by the non-payment of alimony.

Keywords

AI generated
evading child support community service sentence mitigating circumstances prior imprisonment non-payment of alimony

Cited Legislation

AI generated
Art. 209 § 1 i 1a kk
Art. 64 § 1 kk
Art. 72 § 1 pkt 3 kk
Art. 34 § 3 kk
Art. 624 § 1 kpk
art. 387 k.p.k
AI generated

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