ALIENAREA PARENTALĂ, ELEMENT CONSTITUTIV AL INFRACŢIUNII DE NERESPECTAREA MĂSURILOR PRIVIND ÎNCREDINŢAREA MINORULUI, ÎN CONCURS CU ALTE INFRACŢIUNI
PARENTAL ALIENATION AS A CONSTITUENT ELEMENT OF THE OFFENCE OF FAILURE TO HAVE CUSTODY OF A CHILD IN CONJUNCTION WITH OTHER OFFENCES

Summary/Abstract: In this article, we aim to analyze and at the same time, answer the question raised by both theorists and legal practitioners, in accordance with the new realities, namely: whether parental alienation, (Parent Alienation, mental disorder/trauma - QE.52, according to ICD classification -11 and recognition by the World Health Organization, WHO) which came into force for all states on January 1, 2022, constitutes a constituent element of the crime of failure to comply with custody arrangements? In this case, by interpreting and clarifying the terms used in the criminal law, we come to the theoretical and practical conclusion that parental alienation is a constituent element of the offence of failure to have custody of a child. At the same time, we also note that the offence in question may be committed in conjunction with other offences, such as the offence of ill-treatment of a minor, the offence of murder, the offence of assault or other violence, the offence of causing or facilitating suicide, the offence of using a minor for the purpose of begging etc.

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