Court acquits defendant of alimentary duty violation due to lack of objective ability to work during the charged period.

The court acquitted the defendant, M. T., of the charge under Article 209 § 1 of the Criminal Code for failing to pay child support. Although the defendant admitted to non-payment and non-contact, the prosecution failed to prove he had the objective ability to earn income during the relevant period. The court found that the defendant was officially registered as unemployed without entitlement to benefits and held a medical opinion preventing him from performing various manual jobs, thus absolving him of criminal liability.