The crime of family abandonment in the Penal Code

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Parental authority and family relationships entail a series of duties, both economic and welfare, that cannot be neglected, under penalty of incurring a crime of family abandonment. Although our legal system tries to interfere as little as possible in family relationships, it regulates some aspects that seek to avoid the abandonment of family members and guarantee compliance with economic obligations imposed by judicial resolutions. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What does the crime of family abandonment consist of? According to article 226 of the Penal Code , the crime of family abandonment is the crime committed by someone who fails to comply with the legal duties of assistance inherent to parental authority, guardianship, custody or foster care , or to provide the necessary legally established assistance.

For the support of their descendants, ascendants or spouse who are in need. The fact of failing to pay for 2 consecutive months or 4 non-consecutive months the judicially approved economic benefits in the form of compensatory pension in favor of the ex-spouse or alimony in favor of the children under the conditions established by article 227. This crime against family relationships , therefore, is a crime of omission , since DM Databases what is punished is an attitude consisting of failing to do, in this case, failing to comply with an obligation. It is also a semi-public crime , which can only be prosecuted through a complaint from the aggrieved person or his legal representative (article 228). What are the requirements for the crime of family abandonment to exist? The Penal Code does not clarify which obligations the neglect of which constitutes the crime of family abandonment, so we must turn to other legal bodies to define them.



Firstly, the Spanish Constitution , in article 39, when it deals with the guiding principles of social and economic policy, contemplates the social, economic and legal protection of the family (article 39.1), as well as the comprehensive protection of children. (articlef parental authority. Thus, regarding parental authority, article 154 of the Civil Code establishes the following duties with respect to minor children, which are, fundamentally: Watch over them, keep them in your company, feed them, educate them and provide them with comprehensive training. Represent them and manage their assets. On the other hand, article 142 establishes the reciprocal obligation that family members have, specifically spouses, ascendants and descendants among themselves, to provide each other with food , that is, to provide each other with everything that is essential for sustenance, housing , clothing and medical care, and education and instruction of children when they are minors or even adults, if they have not completed their training for reasons not attributable to them.