II K 103/14
AI generated
Court acquits defendant of willful evasion of child support due to lack of persistent refusal despite ability to pay.
Legislator summary
AI generatedThe court acquitted the defendant of the crime of willfully evading child support obligations. Although the prosecution alleged persistent refusal to pay, the court found that the defendant made payments whenever financially able and that his non-payment during 2012 was caused by unemployment. The court ruled that the specific legal requirement of 'willful evasion' was not met because the defendant lacked the necessary negative psychological attitude and obstinacy.
Legislator headnote
AI generatedArt. 209 § 1 kk; Art. 632 pkt 2 kpk; The crime of willfully evading child support requires proof of persistent refusal and a negative psychological attitude, which is absent if the obligor fulfills obligations whenever financially capable.
Keywords
AI generated
willful evasion of child support
crime of alimentary evasion
persistent refusal requirement
negative psychological attitude
financial ability to pay
acquittal on alimentary charges
obstinate non-payment
Cited Legislation
AI generatedArt. 209 § 1 kk
Art. 632 pkt 2 kpk
Cited Case Law
AI generatedII KRN 204/96
III KRN 29/95