Published: 2020-02-04

Maintenance Default in Poland before and after the Amendment of 23 March 2017: Intertemporal Aspects

Jan Kluza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.4.05

Abstract

Maintenance default as defined in Art. 209 of the Polish Criminal Code (Kodeks karny) is one of the few criminal offences which make the offender liable for default. However, the offender’s liability is strictly connected with his failure to fulfil his fundamental parental obligation to his children. The frequent occurrence of maintenance default and its reprehensibility induced the Polish legislator to bring in an amendment in 2017 which radically changed the criminalisation for this offence. However, there have been unwanted side-effects regarding intertemporal aspects, primarily partial decriminalisation in certain situations, and problems with the defnition of czyn zabroniony (prohibited act).

Keywords:

maintenance default; depenalisation; intertemporal aspects; the legal definition of a prohibited act.

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Kluza, J. (2020). Maintenance Default in Poland before and after the Amendment of 23 March 2017: Intertemporal Aspects. Zeszyty Prawnicze, 19(4), 109–124. https://doi.org/10.21697/zp.2019.19.4.05

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