CRIME OF FAMILY ABANDONMENT
Definition and penalties for the crime of abandonment of minors
Inducing a minor or a person with a disability to leave the family home or the place where he/she resides with the consent of his/her parents, guardians or custodians, is punishable by imprisonment from 6 months to 2 years (art. 224.1 of the Penal Code). It is not the minor who abandons the domicile who can be punished, but the person who convinces him/her to do so. This type of crime of abandonment of minors is framed within the crimes against family rights and duties.
Inducing non-compliance with the custody regime
The same penalty applies to the parent who induces his or her minor child to violate the custody regime established by the judicial or administrative authority (art. 224.2 of the Penal Code). This crime of non-compliance with family obligations is another example of the crime of abandonment of the family criminal code. The Penal Code regulates these conducts to protect the rights of minors and ensure compliance with judicial decisions.
Attenuated form of the crime of abandonment
In accordance with the provisions of art. 225 of the Penal Code, the previously described facts are punished with a lesser penalty (imprisonment of 3 months to 1 year or a fine of 6 to 24 months) when the perpetrator returns the minor or person with disabilities to his home, or leaves him in a known and safe place, provided that the following circumstances concur:
1. The minor or person with disabilities has not been subjected to humiliation or any other criminal act, nor has his or her life, health, physical integrity or sexual freedom been endangered.
2. Their parents, guardians or custodians have been informed of the place of stay of the minor or person with disabilities or their absence has not exceeded 24 hours.
Jurisprudence and mitigating factors
This article reflects a jurisprudence art 225 bis penal code that takes into account specific mitigating factors for these crimes against family relationships. In the framework of family criminal law, it is crucial to understand how these nuances can influence the sanction imposed. The crime of inducement and the crime of abandonment of family Criminal Code are criminalized to punish behaviors that violate the fundamental rights of these groups.
Impact and consequences of child abandonment
The crime of abandonment of minors and other related crimes, such as the crime of abandonment of home and the crime of abandonment of a family member, are part of the set of crimes against family rights and duties that the Criminal Code strictly regulates to protect minors and persons with disabilities. These crimes have a significant impact on the lives of the victims, affecting their emotional and physical well-being.
Importance of legislation in family criminal law
Legislation on the crime of child abandonment and other crimes against family relations plays a crucial role in protecting the rights of minors and persons with disabilities. The Criminal Code establishes clear penalties for those who incur in these conducts, thus guaranteeing a legal framework that protects the most vulnerable and ensures compliance with family obligations. In the context of family criminal law, it is essential to know and understand these provisions in order to promote a fair and safe family coexistence.