Criminal law protection of the right to maintenance in the legislation and case law of the Federation of Bosnia and Herzegovina Cover Image

Krivičnopravna zaštita prava na izdržavanje u zakonodavstvu i sudskoj praksi u Federaciji Bosne i Hercegovine
Criminal law protection of the right to maintenance in the legislation and case law of the Federation of Bosnia and Herzegovina

Author(s): Denis Pajić, Ramajana Demirović
Subject(s): Criminal Law
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: family; solidarity; maintenance; avoiding paying maintenance; criminal offence;

Summary/Abstract: Apart from the family law mechanism established with the goal to protect the right to maintenance, immediate protection is enabled through criminal law and its rules related to certain aspects of this right. Criminal law protection is provided through the criminalization of the act of avoiding paying maintenance. Through doctrinary and practical analysis of issues related to the crime of avoiding paying maintenance, the authors have re-viewed the existing legislative framework in order to identify its flaws and provide potential recommendations to eliminate them. The paper provides a comparative legal analysis of solutions and experience which have been used to formulate potential improvements in national law. Having in mind the social significance of the family maintenance institute, the author s emphasize the necessity to preserve its criminal law protection. However,in order to achieve its more efficient practical application, a reform is needed in the existing legal framework pertaining to this criminal offence.

  • Issue Year: 2/2016
  • Issue No: 2
  • Page Range: 6-36
  • Page Count: 31
  • Language: Bosnian