Legislator Case Law & Legislation
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.

Case Number II K 103/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 209 § 1 kk
Art. 632 pkt 2 kpk

Cited Case Law

AI generated
II KRN 204/96
III KRN 29/95

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