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Editura Universitara Theoretical and practical in matters of crime of abandonment by family

9,63 Lei

ISBN: 978-606-591-220-5

Publisher year: 2011

Edition: I

Pages: 160

Publisher: Universitară

Author: Monica Dragomir, Lucica Neagu

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The family is the most precious element of a human society. It is really based on mutual love and affection. Family relations represent the most important social relations and enjoy a special protection being regulated by moral and legal norms, which provide rights and obligations for the participants in these relations, rights and obligations through the realization of which the permanent consolidation of the family is ensured.


The protection of the family is achieved by the criminal law by sanctioning the crimes against the family. This paper aims to study one of the crimes that affect life and the relationships that exist between family members. Abandonment of the family is a crime provided by art. 305 of the Criminal Code and by incriminating it, the aim is to bring to criminal responsibility those family members who violate their legal maintenance obligations compared to the one entitled to maintenance. In order to discourage the commission of this crime, the minimum limits of the prison sentence were increased by 6 months imprisonment by Law no. 197/2000.

The present paper aims to analyze the crime of family abandonment, using for this purpose aspects of special criminal law, general, but also family law, as well as judicial practice in criminal matters.

The first chapter entitled "General considerations on the crime of family abandonment" presents the meaning of the notion of family abandonment, the way in which the crime was incriminated since 1936, when it was first provided by law and changes in the legal text that occurred by -over time. Also in this chapter is presented the way in which this crime is incriminated in the legal systems of other states, respectively in the section entitled "Elements of comparative law". In order to achieve these objectives, we processed and systematized the materials collected from books that reproduce the legal texts of article 305 starting with the Criminal Code from 1936 to the present. Also, the information gathered from the accessed sites was useful to us, in connection with the incrimination of this crime in other legal systems, without which we could not have made a comparative analysis with the crime in our Criminal Code.

Chapter II of the paper entitled "Family Crime - in particular" contains four sections in which they are presented: legal content, pre-existing conditions, the constitutive content of the crime, methods, forms and sanctions that apply to the commission of acts that constitute the material element of the crime.

In the study of the crime of family abandonment, it is important to know the procedural aspects of the crime. In the third chapter, the following aspects are specially analyzed: the initiation of the criminal action, aspects regarding the trial, the conditional suspension of the execution of the sentence and the revocation of the conditional suspension of the execution of the sentence. This chapter is entitled "Procedural aspects in the matter of the crime of family abandonment".

The crime of family abandonment, affects the relations of social coexistence, family relations and especially the person entitled to maintenance. For this reason, it is necessary to know the causes that generate the commission of criminal acts and the consequences that affect family members, but also the ways in which abandonment is prevented and combated. These aspects are analyzed in Chapter IV "Preventing and combating family abandonment".

In view of the special importance that the family represents in the human society, we considered a topical problem the wide treatment of one of the crimes that affect the family relations. The protection by the norms of the criminal law of the family relations, regarding the maintenance obligation, attracted our special attention.

In order to carry out the work, we systematized the information collected from the specialized literature. A special contribution to the originality of the work was brought by the novelty materials, as well as the judicial practice in criminal matters.

This paper is intended to be an approach in which vigilance over the human being is an important dimension and considers family relationships, the most important relationships of a human society, and how people who harm these relationships are sanctioned. .

  • Theoretical and practical in matters of crime of abandonment by family

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LUCICA NEAGU She was born in 1980 and graduated from the Faculty of Law of the "Ovidius" University of Constanta - promotion 2003. She is a lawyer, member of the Constanta Bar since 2006 and authorized mediator since 2008. Specialization fields: commercial and corporate law / mergers and acquisitions, maritime law, administrative and fiscal litigation, civil law, litigation / arbitration. Journalism and criminal law also represent areas of continuous interest in the legal activity carried out.

MONICA DRAGOMIR She was born in 1979 and graduated from the Faculty of Law of the "Ovidius" University of Constanta in 2003 - head of promotion. He is a lawyer, member of the Bucharest Bar since 2005. He also holds certifications and attestations as a translator with secondary education in English since 1999, as well as a public procurement expert and project manager, both since 2011. Specialization fields: commercial law and corporate / mergers and acquisitions, post-privatization, real estate law and infrastructure, public procurement and public-private partnership, litigation / arbitration. Journalism and criminal law are areas addressed collaterally throughout the legal career.

Content

INTRODUCTION / 7

CHAPTER I: GENERAL CONSIDERATIONS REGARDING THE OFFENSE OF FAMILY ABANDONMENT / 11

Section 1. The notion of “family abandonment” / 12
Section 2. Historical considerations and the current legal regime of the crime of family abandonment / 15
Section 3. Elements of comparative law / 24

CHAPTER II: THE OFFENSE OF FAMILY ABANDONMENT - IN SPECIAL / 35
Section 1. Legal content / 35
Section 2. Pre-existing conditions / 38
2.1. The object of the crime / 38
2.1.1. / Generic legal object / 38
2.1.2. The special legal object
2.1.3. / Material object / 49
2.2. / Subjects of the crime / 49
2.2.1. / Active subject / 50
2.2.2. / Passive subject / 60

Section 3. Constitutive content / 63
3.1. / Objective side / 63
3.1.1. / The material element / 63
A. Leaving, expelling or leaving without help / 64
B. Non-fulfillment in bad faith of the maintenance obligation / 67
C. Non-payment for 2 months, of the maintenance pension, established by court / 73
3.1.2. Immediate follow-up / 84
3.1.3. Causal link / 87
3.2.The subjective side / 88
3.3.Cases in which the constitutive content cannot be realized / 96

Section 4. Shapes. Ways. Sanctions / 101
4.1.Forme / 101
4.2.Modalitati / 103
4.3.Sanctions / 103

CHAPTER III: PROCEDURAL ASPECTS IN THE MATTER OF THE OFFENSE OF FAMILY ABANDONMENT / 105
Section 1. Initiation of criminal proceedings / 105
Section 2. Judgment issues / 112
Section 3. Conditional suspension of the execution of the sentence / 119
Section 4. Revocation of the conditional suspension of the execution of the sentence / 126

CHAPTER IV: PREVENTING AND COMBATING FAMILY ABANDONMENT / 131
Section 1. Socio-economic causes that determine family abandonment / 131
Section 2. Ways to prevent abandonment / 133
Section 3. Combating abandonment by legal means / 138

CONCLUSIONS / 142

BIBLIOGRAPHY / 144

The family is the most precious element of a human society. It is really based on mutual love and affection. Family relations represent the most important social relations and enjoy a special protection being regulated by moral and legal norms, which provide rights and obligations for the participants in these relations, rights and obligations through the realization of which the permanent consolidation of the family is ensured.


The protection of the family is achieved by the criminal law by sanctioning the crimes against the family. This paper aims to study one of the crimes that affect life and the relationships that exist between family members. Abandonment of the family is a crime provided by art. 305 of the Criminal Code and by incriminating it, the aim is to bring to criminal responsibility those family members who violate their legal maintenance obligations compared to the one entitled to maintenance. In order to discourage the commission of this crime, the minimum limits of the prison sentence were increased by 6 months imprisonment by Law no. 197/2000.

The present paper aims to analyze the crime of family abandonment, using for this purpose aspects of special criminal law, general, but also family law, as well as judicial practice in criminal matters.

The first chapter entitled "General considerations on the crime of family abandonment" presents the meaning of the notion of family abandonment, the way in which the crime was incriminated since 1936, when it was first provided by law and changes in the legal text that occurred by -over time. Also in this chapter is presented the way in which this crime is incriminated in the legal systems of other states, respectively in the section entitled "Elements of comparative law". In order to achieve these objectives, we processed and systematized the materials collected from books that reproduce the legal texts of article 305 starting with the Criminal Code from 1936 to the present. Also, the information gathered from the accessed sites was useful to us, in connection with the incrimination of this crime in other legal systems, without which we could not have made a comparative analysis with the crime in our Criminal Code.

Chapter II of the paper entitled "Family Crime - in particular" contains four sections in which they are presented: legal content, pre-existing conditions, the constitutive content of the crime, methods, forms and sanctions that apply to the commission of acts that constitute the material element of the crime.

In the study of the crime of family abandonment, it is important to know the procedural aspects of the crime. In the third chapter, the following aspects are specially analyzed: the initiation of the criminal action, aspects regarding the trial, the conditional suspension of the execution of the sentence and the revocation of the conditional suspension of the execution of the sentence. This chapter is entitled "Procedural aspects in the matter of the crime of family abandonment".

The crime of family abandonment, affects the relations of social coexistence, family relations and especially the person entitled to maintenance. For this reason, it is necessary to know the causes that generate the commission of criminal acts and the consequences that affect family members, but also the ways in which abandonment is prevented and combated. These aspects are analyzed in Chapter IV "Preventing and combating family abandonment".

In view of the special importance that the family represents in the human society, we considered a topical problem the wide treatment of one of the crimes that affect the family relations. The protection by the norms of the criminal law of the family relations, regarding the maintenance obligation, attracted our special attention.

In order to carry out the work, we systematized the information collected from the specialized literature. A special contribution to the originality of the work was brought by the novelty materials, as well as the judicial practice in criminal matters.

This paper is intended to be an approach in which vigilance over the human being is an important dimension and considers family relationships, the most important relationships of a human society, and how people who harm these relationships are sanctioned. .

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