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II K 211/20 AI generated

Court sentenced father to three months imprisonment for non-payment of child support totaling at least three installments.

Case Number II K 211/20
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 the crime of non-payment of child support and sentenced him to three months of imprisonment. The prosecution alleged that the father failed to pay installments from August 2019 to February 2020, accumulating a debt of at least three payments, while the defense argued he was already serving a sentence and had high income. The court determined that despite mitigating factors like a guilty plea, the defendant's history of recidivism and failure to register for employment justified a custodial sentence to ensure the child's financial support.

Legislator headnote

AI generated

Art. 209 § 1 k.k.; Art. 3 k.k.; Art. 53 § 1, 2 k.k.; The court established that imprisonment is the primary penalty for alimentary offenses when previous measures failed, and sentencing must balance the gravity of the breach with the offender's ability to pay and prior conduct.

Keywords

AI generated
non-payment of child support crime of alimentary offense custodial sentence for arrears recidivism in family law guilty plea mitigation social harm assessment employment registration failure

Cited Legislation

AI generated
Art. 209 § 1 k.k.
Art. 3 k.k.
Art. 53 § 1, 2 k.k.
Art. 624 § 1 k.p.k.
art. 209 § 1 k.k
art. 387 k.p.k
art. 3 k.k
art. 624 § 1 k.p.k
AI generated
II K 1292/20
Court convicted defendant of non-support crime and sentenced to six months imprisonment despite poverty.
II K 607/18
Court dismissed first charge due to lack of prosecution request but convicted defendant on second charge while waiving penalty.
II K 559/21
Court convicted defendant of alimentary duty evasion and sentenced to four months imprisonment plus state costs.
II K 393/23
Court convicted defendant of alimentary duty evasion and sentenced to five months imprisonment.

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