Autor: Valentin MIRIŞAN
Publicat în: Revista Universul Juridic nr. 6/2015
Disponibil online: aici.
Titlul lucrării în engleză: Reflections on the offence of abandonment of family and on two of the modalities it can be committed
Abstract: The author analyses the offence of abandonment of family committed in the modality specified by art. 378 („Abandonment of family”) alin. (1) paragraph b) and c) from the Penal Code.
The analysis includes author’s commentary on the continued offence by omission, on the multiple offences in the case of different aggrieved parties, on the situation in which the offence begins under the reign of the old law, but is over after the new Penal Code entered to be effective, on the situation in which the criminal proceeding is initiated by a prior complaint of the aggrieved party, on the nature of the offence (result or danger), on the attempt of an offence by omission, while considering the doctrine elaborated by important names in the field of law (G. Antoniu, C. Bulai, C. Duvac, I. Griga, Gh. Ivan, C. Mitrache, I. Molnar, I. Pascu, V. Pașca, O. Predescu, Gh. Vizitiu, M. Zolineak, C. Bulai, B. Bulai, I. Pascu, T. Dima, C. Păun, M. Gorunescu, V. Dobrinoiu, M. A. Hotca, I. Chiș, M. Dobrinoiu, V. Mirișan, M. Basarab, L.R. Popoviciu, C. Mitrache, Cr. Mitrache).
Concluding, the author presents brief explanations regarding the nature of the offence of abandonment of family committed in the modality specified by art. 378 („Abandonment of family”) alin. (1) paragraph b) and c) from the Penal Code.
Keywords: the offence of abandonment of family; continued offence by omission; multiple offences; attempt; prior complaint; aggrieved party.
