Autor: Iuliana-Mirela BĂNESCU
Publicat în: Revista Pro Lege nr. 4/2020
Disponibil online: aici
Cuvinte-cheie: nerespectarea măsurilor privind încredințarea minorului, practică judiciară.
The crime of non-compliance with the measures regarding the entrustment of the minor provided by art. 379 para. (1) Criminal Code – Analysis of judicial practice
Abstract: According to the Civil Code, parental authority is exercised by both parents, in the best interests of the child, unless one of them has been deprived of parental rights. However, there are cases, especially after divorce, when one parent excludes the other parent from the decision-making process regarding important issues or even from the child’s life, as the child is unable to have personal ties with the child. Disputes regarding parental authority are resolved by the court, and when the established measures regarding the custody of the minor are not observed, the criminal law is incidental, which stipulates the conditions in which the deed constitutes a crime. From the practice of the courts, it results that there are situations in which the possibility of retaining the crime provided by art. 379 para. (1) Criminal Code concurrent with other offences or non-fulfilment of the conditions regarding the state of necessity. At the same time, cases were identified in which the courts considered it necessary to be sentenced to imprisonment or assessed the need to apply the additional penalty of prohibition of parental rights or the obligation to pay civil damages.
Keywords: non-compliance with measures regarding the custody of the minor, judicial practice.
