Legislator Case Law & Legislation
V K 119/19 AI generated

Court acquits defendant of alimentary duty evasion, finding he fulfilled support obligations through shared custody and care.

Case Number V K 119/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant of the charge of evoking alimentary obligations, ruling that he did not evade his duty. Although he did not make direct payments to the mother, the court found he fulfilled his support role by providing daily care, food, and clothing during his shared custody periods. The decision rests on the legal principle that evasion requires a lack of will to pay despite having the ability, which was absent given the defendant's active involvement in the children's lives.

Legislator headnote

AI generated

Art. 209 § 1a k.k.; Evasion of alimentary obligations requires a lack of will to perform the duty despite having the objective ability to do so, which is absent when the obligor actively fulfills support needs through personal care and provision during shared custody.

Keywords

AI generated
evading alimentary obligations shared custody arrangement objective ability to pay lack of will to perform support for minor children criminal law acquittal provision of necessities

Cited Legislation

AI generated
Art. 209 § 1a k.k.
art. 387 k.p.k

Cited Case Law

AI generated
uchw. SN z 9.6.1976 r., VI KZP 13/75
wyr. SN z 27.2.1996 r., II KRN 200/95
wyr. SN z 24.11.1970 r., V KRN 437/70
wyr. SN z 19.12.1979 r., V KRN 297/79
wyr. SN z 7.10.1994 r., III KRN 136/94
wyr. SN z 9.5.1995 r., III KRN 29/95
wyr. SN z 11.28.1995 r., III KRN 137/95
post. SN z 17.4.1996 r., II KRN 204/96
post. SA w Krakowie z 13.12.2000 r., II AKz 289/00
AI generated

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