Particularitati privind investigarea criminalistică a infracţiunii de nerespectare a măsurilor privind încredinţarea minorului
Particular Aspects of Forensic Investigation of Non-Observance of Measures Regarding the Entrusting of Child

Summary/Abstract: For the analysis of the complex aspects concerning the prosecution related to child entrustment crimes, the provisions of the Penal Code concords with the new Civil Code which leads to an interdependent forensic investigation. The complexity of crimes related to child entrustment due to the numerous normative variants depicted in the law, in which this crime may be committed, but also due to the legal guidelines that ensure the child’s best interest requires the investigating body to perform a penal investigation efficiently. To accomplish this it is required for the later to prove the circumstances which from the object of prosecution. Considering the fact that is a crime related to the family, the investigation of events which lead to criminal prosecution implies that the intervention of the police, in the family life, in order to determine if the proper environment is insured for the minor, shall be done considering the sensitive nature this relationship implies. At the same time the issue at hand is the analysis of the normative measures, the incriminating factor is considered the endangerment of child growth and education which is required by the insurance of the child’s best interest. In other words it is necessary to insure the possibility of child care within family even in the case of a divorce. It is also necessary to ensure personal relationship in the case in which the child has been entrusted to a person. Determining the conditions and the circumstances in which deeds that relate to the minor child occur must be done concretely taking into account the specifics of each case.

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