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II K 463/20 AI generated

Court convicts defendant of domestic violence and child support evasion, sentencing to one year of liberty restriction.

Case Number II K 463/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of psychological abuse against his partner and mother, as well as willful evasion of child support obligations. The prosecution argued for a prison sentence, but the court considered the defendant's history of prior convictions and the victims' specific requests for treatment rather than incarceration. Consequently, the court imposed a combined sentence of one year of liberty restriction with mandatory social work and alcohol treatment.

Legislator headnote

AI generated

Art. 207 § 1 kk; Art. 209 § 1 kk; Art. 387 § 2 kpk; When a defendant has a history of similar offenses and the victims prefer rehabilitation over imprisonment, the court may impose a liberty restriction sentence to balance punishment with the potential for family normalization.

Keywords

AI generated
psychological abuse child support evasion liberty restriction alcohol treatment combined sentence victim consent prior conviction

Cited Legislation

AI generated
Art. 207 § 1 kk
Art. 209 § 1 kk
Art. 37a kk
Art. 387 § 2 kpk
Art. 63 § 1 kk
Art. 85 kk
Art. 86 § 1 kk
Art. 86 § 3 kk
Art. 34 § 3 kk
Art. 72 § 1 pkt 5 kk
Art. 72 § 1 pkt 6 kk
Art. 627 kpk
AI generated
IV Ka 196/24
Appeal dismissed; court upheld first-instance conviction as defense's evidence request was irrelevant to the proven assault facts.
IV Ka 2004/19
Appellate court modifies probation period to two years and corrects statutory citations under Polish Criminal Code.
IV Ka 457/21
Appeal against partial acquittal upheld; costs adjusted based on successful defense and partial acquittal.
IX Ka 708/13
Court dismisses prosecution appeal for second charge due to prior final dismissal, upholds first conviction.
VI Ka 291/23
Appeal court quashes district court verdict due to lack of jurisdiction and remands case to district court.

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