THE FAMILY AND THE CRIME OF FAMILY ABANDONMENT

• Published in: Research and science today 2024-11 (2), p.165-170
• Main Author: Sfinteș, Costina Vergina
• Format: Article
• Language: English
• Subjects: Abandonment; Bad faith; Cohabitation; Court decisions; Crime; Families & family life; Geopolitics; Institutionalization; International relations; Interpersonal relations; Maintenance; Mediation; Pictures; Rural areas; Social behavior; Social factors
• ISSN: 2247-4455; 2285-9632

THE PASSAGE OF TIME AND GEOPOLITICAL AND STRATEGIC CHANGES WORLDWIDE AND BEYOND, HAVE OUTLINED SEVERAL PICTURES OF THE SAME SOCIAL REALITY, SO THAT IT WAS NECESSARY FOR THE LEGISLATOR TO INTERVENE AND PROTECT FAMILY SOCIAL RELATIONS AGAINST DEVIANT BEHAVIORS, CRIMINALIZING THE ACT OF FAMILY ABANDONMENT. [...]THE VICISSITUDES OF TIME, THE SHORTCOMINGS OF COMMUNITIES AND OF THE INDIVIDUAL IN HIS OWN PERSON, TOOK HIM OUT OF THE NORMAL PATH OF A PEACEFUL LIFE AND THREW HIM INTO THE TUMULT OF STORMS TRIGGERED BY PSYCHOLOGICAL TRAUMAS, REPRESSED NEEDS, MATERIAL LACKS AND CRIMES OF ALL KINDS. Honoré de Balzac described the family as always being the backbone of society, but the passage of time and geopolitical and strategic changes have outlined several pictures of the same reality. [...]it was necessary for the legislator to intervene and protect family social relations against deviant behaviors, criminalizing the act of family abandonment. The legislator states in art. 378 of the Criminal Code which are the actions and inactions, which, committed under certain conditions, make up the constitutive content of the crime of family abandonment. [...]at para. 1 stipulates that the commission of one of the following acts by the person who has the legal maintenance obligation, towards the one entitled to maintenance: a)leaving, driving away or leaving without help, exposing him to physical or moral suffering; b)failure to fulfill, in bad faith, the maintenance obligation provided for by law; c)non-payment, in bad faith, for 3 months, of the maintenance pension established by court, is punishable by imprisonment from 6 months to 3 years or a fine. [...]the crime of family abandonment, prov. by Art. 378 paragraph 1, letter c) of the Civil Code, assumes that the maintenance obligation established by a court decision must take the form of a pension and be enforceable through periodic payments.