Court partially allows appeal by acquitting first charge but upholding sentence for second alimentary evasion charge.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the defendant of the first charge regarding alimentary evasion from 2017 to 2018 but upheld the conviction and sentence for the second charge from 2021 to 2022. The prosecution argued that the defendant evaded support payments, causing significant arrears, while the defense sought total acquittal based on the first instance ruling. The court distinguished the two periods, finding insufficient evidence for the earlier charges but confirming the defendant's guilt and imposing a one-year restriction of liberty with community service for the later evasion.
Legislator headnote
AI generatedArt. 209 § 1a k.k.; Art. 34 § 1 k.k.; Art. 34 § 1a pkt. 1 k.k.; Art. 35 § 1 k.k.; Art. 72 § 1 pkt. 3 k.k. The court may acquit a defendant of one charge while upholding a conviction and sentence for a separate charge of alimentary evasion if the evidence supports guilt for the latter but not the former.