CHILD ABDUCTION

The crime of child abduction is regulated in art. 225 bis of the Penal Code, a precept that punishes, with a prison sentence of 2 to 4 years and special disqualification from exercising the right of parental authority for a period of 4 to 10 years, the parent who, without just cause, abducts his or her minor child. In addition to the parents, the ascendants of the minor and the relatives of the parent up to the second degree of consanguinity or affinity can also be held responsible as perpetrators of this crime.

What is subtraction? According to the Penal Code itself, there are two types of abduction:

• The removal of a minor person from his or her habitual place of residence without the consent of the other parent or of the persons or institutions entrusted with his or her care or custody.
• The retention of a minor in serious breach of the duty established by judicial or administrative resolution.

Thus, a mother who, having joint custody of her minor child, unilaterally and without the consent of the father, decides to move the child to another country, thus changing residence, commits the crime of child abduction.

If the minor is transferred out of Spain or any condition is required for his or her return, the penalty is imposed in the upper half of the sentence.

The Penal Code itself provides for an exemption from punishment, which is applicable when the perpetrator communicates the place of stay to the other parent or the person legally responsible for his or her care within 24 hours of the abduction with a commitment to return the child immediately, or when the absence does not exceed 24 hours.

In addition, if the restitution is carried out without the previously indicated communication, within 15 days following the abduction, the penalty to be imposed is less (imprisonment from 6 months to 2 years).