II K 393/24
AI generated
Court sentenced father to community service for non-payment of child support, rejecting prison time.
Legislator summary
AI generatedThe court found the defendant guilty of two counts of child support evasion and sentenced him to one year and six months of community service. The prosecution argued for imprisonment, but the court determined that prison would not effectively restore the legal order or compel support payments. Consequently, the court imposed a community service sentence to achieve educational goals while binding the defendant to pay child support during the penalty period.
Legislator headnote
AI generatedArt. 209 § 1a k.k.; Art. 34 § 1 k.k.; Art. 35 § 1 k.k.; Art. 85 § 1 k.k.; Art. 86 § 1 k.k.: In cases of child support evasion, the court may impose community service instead of imprisonment if prison would not effectively compel the performance of the support obligation.
Keywords
AI generated
child support evasion
community service penalty
non-payment of alimony
educational penalty goals
substitute imprisonment
Cited Legislation
AI generatedArt. 209 § 1a k.k.
Art. 34 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 86 § 3 k.k.
Art. 34 § 3 k.k.
Art. 72 § 1 pkt 3 k.k.
Art. 624 § 1 k.p.k.
Related Decisions
AI generatedII K 452/23
Court convicted defendant of alimentary evasion, sentencing to three months imprisonment for non-payment of child support.
II K 680/21
Court convicts father for alimentary evasion, sentencing to community service due to recidivism and risk of arrears.
II K 432/22
Court imposed 2-year restriction of liberty and forced alimony for chronic alimentary arrears, rejecting prison as too harsh.
II K 1839/23
Court convicts father for alimentary neglect and imposes one year prison sentence due to high social harm.
II K 163/23
Court convicted father of alimentary duty violation and sentenced to eight months imprisonment for child's welfare.