Przestępstwo niealimentacji w polskim prawie karnym. Zasadność utrzymywania karalności w art. 209 k.k.

Abstract

This doctoral dissertation examines the legitimacy, proportionality, and necessity of maintaining criminal liability for non-alimony under Article 209 of the Polish Criminal Code. It analyzes the legal, constitutional, and social dimensions of penalizing the failure to fulfill alimony obligations, particularly in light of the 2017 amendment, which expanded the scope of criminal liability. The main objective is to assess whether criminal sanctions remain a justified and effective instrument for enforcing alimony obligations in the context of the constitutional principle of proportionality. The study employs a formal-dogmatic method, supplemented by historical, statistical, and sociological analyses, including an evaluation of legislative developments, case data, and public attitudes. The findings indicate that, despite the scale and social significance of non-alimony, the effectiveness of criminal law in ensuring compliance is limited. Penal measures may fail to achieve their preventive function and can negatively affect the debtor’s capacity to fulfill financial obligations, particularly in cases involving imprisonment. The dissertation also highlights the role of non-penal mechanisms, such as civil enforcement and administrative instruments, which may provide more effective and proportionate solutions, consistent with the principle of criminal law as ultima ratio. It concludes that the continued criminalization of non-alimony raises serious concerns regarding proportionality and effectiveness, and calls for a reconsideration of current legal policy in favor of less restrictive enforcement measures.