Autor: Flavius George PĂNCESCU
Publicat în: Revista Dreptul nr. 8/2018
Revistă disponibilă online: aici
copil minor; nerespectarea hotărârilor judecătorești; autoritatea părintească; retenţie; prevenire;
Examination of the offence of non-compliance with the measures on entrusting the minor
The way of exercising the parental rights and duties suffered after the adoption in 2009 of the Civil Code significant amendments as compared to the previous regulation. At the time of elaboration of the current Criminal Code, especially of the Chapter reserved to the family offences, this aspect has not been taken into account, so currently it is established the lack of synchronicity between the two regulations. The current regulation of the offence of non-compliance with the measures regarding minors, provided by Article 379 of the Criminal Code, refers to family relations that do not cover the new socio-economic realities, in which it is witnessed the labour migration from Romania to other states, in many cases doubled by the dissolution of some families. Similarly, the situations in which the children are left in the care of other persons or where the distance between the child and one or both parents is beyond the borders of a state become increasingly frequent.
Keywords: minor child; non-compliance with court judgments; parental authority; retention; prevention;