Legislator Case Law & Legislation
II Ka 95/20 AI generated

Appeal dismissed; court upheld first-instance sentence for alimony breach as facts were correct and appeal unfounded.

Case Number II Ka 95/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the defendant's appeal against the first-instance judgment regarding alimony obligations. The defense argued procedural errors, but the court found the factual findings regarding the defendant's voluntary payments and agreement to increase support were accurate and legally sound. Consequently, the original sentence was upheld, and the state was ordered to bear the appeal costs to protect the interests of the minor children.

Legislator headnote

AI generated

Art. 438 pkt 3 k.p.k.; Art. 624 k.p.k. w zw. z art. 634 k.p.k. w zw. z art. 627 k.p.k.: An appeal based on alleged factual errors is rejected when the court finds the established facts correct and the original judgment legally justified, while costs are shifted to the state to protect the interests of minor children.

Keywords

AI generated
alimony obligation appeal dismissal factual error minor children court costs alimony agreement procedural error

Cited Legislation

AI generated
Art. 438 pkt 3 k.p.k.
Art. 624 k.p.k.
Art. 634 k.p.k.
Art. 627 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
AI generated

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