Questione giuridica chiave
Whether the defendant fulfilled Art. 217 StGB by withholding maintenance despite having means available through liquidation of a loan claim.
Decisione estratta
Yes. A person subject to maintenance duties must also liquidate bound assets when this is reasonably possible and necessary to meet the duty.
Motivazione estratta
The defendant controlled the borrower company, could have caused sale of the financed property, could have terminated or modified the loan, and could thereby have made the funds liquid. His failure to take any such steps meant he had the necessary means within the meaning of Art. 217 StGB.