Published: 2017-01-18

The offence of persistent avoidance of alimony

KATARZYNA MAJKRZAK
Prawo Kanoniczne
Section: Rozprawy i Artykuły
https://doi.org/10.21697/pk.2016.59.3.08

Abstract

One of the criminal offences against family and care is the offence of persistent avoidance of alimony as referred to in Art. 209 of the Penal Code. The offence involves persistent avoidance by the offender of the obligation of care, imposed by law or judicial order, through failure to make payments to support closest relative or another person and thereby exposing such person to the inability to meet basic necessities of life.

Persistent avoidance of alimony is material constructive offence (not offence of violation). It can be committed only by the person responsible for alimony payments, hence the offence of persistent avoidance of alimony is an individual offence. 

The premise of persistence determines the subject of the offence by limiting its intent only in the form of direct intent. Persistence is highly evaluative, therefore it is assumed to be of objective and subjective characteristic. For persistent avoidance is seen as long-term behaviour (objective element) the feature of which is tenacity (an in-spite action - subjective element). The prevailing view in the jurisprudence of the Supreme Court is that that avoidance of alimony occurs when the offender, despite the objective possibility meet the obligation fails to do it.

Keywords:

alimony, family, duty of care, penal law

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MAJKRZAK, K. (2017). The offence of persistent avoidance of alimony. Prawo Kanoniczne, 59(3), 143–174. https://doi.org/10.21697/pk.2016.59.3.08

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