Critical Gloss (Annotation) to the Decision of the Polish Supreme Court of 25 June 2020, I KZP 4/20 Cover Image

Glosa do postanowienia Sądu Najwyższego z 25 czerwca 2020 r., sygn. I KZP 4/20 (krytyczna)
Critical Gloss (Annotation) to the Decision of the Polish Supreme Court of 25 June 2020, I KZP 4/20

Author(s): Karolina Palka-Stolorz
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Akademia Policji w Szczytnie
Keywords: gloss; Supreme Court decision; non-alimon; guardianship of a minor; Article 209 of the Penal Code

Summary/Abstract: This article is a critical gloss to the order of the Supreme Court of 25 June2020, by which the Court in question refused to decide on the following legal question:“Can the victim, who is a minor, be represented by one of the parents in cases wherethe offence of non-alimony takes place and the accused is the other parent, or shoulda guardian be appointed for such a minor?”. The text examines the above issue onseveral levels. The first part of the article presents the factual and legal background of the present case, namely the proceedings before the court of first instance, the legalquestion posed and the decision of the Supreme Court resulting from the said legalquestion. The second part contains the author’s own substantive comments on whata legal act is within the meaning of family law, the regulation of Articles 98 and 99of the Family and Guardianship Code and Article 51 Section 2 of the Code of PenalProcedure. The last part of the article contains a summary of the considerations

  • Issue Year: 146/2022
  • Issue No: 2
  • Page Range: 359-368
  • Page Count: 9
  • Language: English, Polish