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II K 385/22 AI generated

Court convicted defendant of alimentary duty evasion and sentenced to one year of restricted liberty.

Case Number II K 385/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Regional Court in Giżycko convicted the defendant of evading alimentary obligations to his children, resulting in a sentence of one year of restricted liberty. The court found that the defendant failed to pay over 450 PLN monthly for over a year, causing arrears exceeding three monthly installments and endangering the children's basic needs. The prosecution's evidence was deemed sufficient to prove the intentional and repeated nature of the breach, leading to the imposition of a custodial sentence combined with a mandatory alimony order.

Legislator headnote

AI generated

Art. 209 § 1a k.k.; Art. 34 § 1, 1a pkt. 1 k.k.; Art. 35 § 1 k.k.: The court established that intentional and repeated evasion of alimentary obligations, causing significant arrears and endangering the children's basic needs, constitutes the crime of alimentary duty evasion punishable by imprisonment.

Keywords

AI generated
alimentary duty evasion crime against family restricted liberty sentence children's basic needs repeated non-payment criminal conviction mandatory alimony order

Cited Legislation

AI generated
Art. 209 § 1a k.k.
Art. 34 § 1 k.k.
Art. 34 § 1a pkt. 1 k.k.
Art. 35 § 1 k.k.
Art. 34 § 3 k.k.
Art. 72 § 1 pkt. 3 k.k.
art. 387 k.p.k
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