Questão jurídica principal
Whether the conviction for neglect of maintenance duties under Art. 217 StGB should be set aside because the defendant allegedly lacked sufficient means and acted without intent to harm.
Decisão extraída
The conviction was upheld: Art. 217 StGB also covers a person who could obtain the necessary means by taking reasonable earning opportunities, including a suitable job or career change.
Fundamentação extraída
The defendant had funds above the subsistence minimum and had not done everything reasonably required to maximize earning capacity. His own statements showed he knew for a long period that his income was insufficient, so the claim that he had tried in good faith was untenable.