Przestępstwo niealimentacji (artykuł 209 Kodeksu karnego) w perspektywie kryteriów wielości przestępstw i zasady res iudicata

Abstrakt

The offense of non-alimony combines many features which, even individually, cause a number of interpretation difficulties. This offense is committed by omission and is characterized as permanent and complex. It is first and foremost an offense committed by omission, permanent and complex. The need to reflect on the shape of the crime stated in Article 209 §1 of the Polish Criminal Code lies primarily in the fact that in 2017 that Code was amended, which significantly altered the discussed offense, necessitating a revision of many views held by the jurisprudence of the Supreme Court, courts of general jurisdiction, and in the literature. This text is devoted mostly to (i) the analysis of the persistence and complexity of the offense of non-alimony, (ii) determining the time of its perpetration and termination, and (iii) the relationship that exists between it and the principle of res iudicata. The possibility of applying the institution of a continuous act and a sequence of crimes was also considered.