Politycznokryminalne znaczenie czynnego żalu okazanego przez sprawcę po dokonaniu przestępstwa niealimentacji (art. 209 § 4 i § 5 k.k.)

Abstract

By means of an act of law issued on 23 March 2017 in order to “reinforce the realisation of the obligation of guardianship by satisfying the material necessities of people who are unable to satisfy them on their own”, one introduced changes in the heretofore binding regulation which stipulated criminal responsibility for evading the obligation of the payment of alimony (Art. 209 k.k.). The regulation which was mentioned received new content, inter alia by introducing a qualified type, and it was furnished – for the first time in the history of the criminalisation on the non-payment of alimony – in a clause of impunity and the clause about the refraining from administering punishment in the case of the manifestation of voluntary disclosure on the part of the offender after the commission of the crime of the non-payment of alimony. The present publication explores the problems associated with the latter point – voluntary disclosure. In the light of the analysis which was conducted and the legislative deficiencies of the regulation Art. 209 § 5 k.k. and its relation to regulation Art. 59 k.k. one stated that from the perspective of legislative technique § 5 is inappropriate, and from the perspective of the criminal policy it is redundant. It seems that the function which is assumed – the ensuring of the satisfaction of the claims of the aggrieved party –simply regulation § 4 Art. 209 k.k., would serve this task perfectly, obviously after the removal of the shortcomings which were indicated.