GLOSA DO ORZECZENIA IZBY KARNEJ SĄDU NAJWYŻSZEGO Z 20 MARCA 2019 R., SYGN. I KZP 17/18 (APROBUJĄCA)
A GLOSS IN APROVAL OF JUDGMENT II KZP 17/18 ISSUED BY THE POLISH SUPREME COURT ON 20 MARCH 2019

Summary/Abstract: The voted ruling of the Supreme Court concerns the issues related to the entry into force of the law of 23 March 2017. The Supreme Judicial Authority in Poland indicated that to assess the act of a person obligated to alimony, whose obligation was determined in terms of the amount by a court decision, a settlement concluded before a court or another authority or another agreement, and committed before 31 May 2017, it is possible to apply the provisions of Article 209 of the Code of Criminal Procedure, both in its current and current wording. The condition is to establish that the perpetrator has exhausted the features of the offence of non-alimination required by the current wording of this provision, and at the same time has fulfilled the features required for this offence in the wording given to this amendment. In such a situation, after such a double assessment of the act, the procedural authority will either apply the new act or the act previously in force as being more relative to the offender

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