Examination of the offence of non-compliance with the measures on entrusting the minor Cover Image
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Examen al infracțiunii de nerespectare a măsurilor privind încredințarea minorului
Examination of the offence of non-compliance with the measures on entrusting the minor

Author(s): Flavius George Păncescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: minor child; non-compliance with court judgments; parental authority; retention;prevention;

Summary/Abstract: The way of exercising the parental rights and duties suffered after theadoption in 2009 of the Civil Code significant amendments as compared to theprevious regulation. At the time of elaboration of the current Criminal Code,especially of the Chapter reserved to the family offences, this aspect has not beentaken into account, so currently it is established the lack of synchronicity betweenthe two regulations.The current regulation of the offence of non-compliance with the measuresregarding minors, provided by Article 379 of the Criminal Code, refers to familyrelations that do not cover the new socio-economic realities, in which it is witnessedthe labour migration from Romania to other states, in many cases doubled by thedissolution of some families. Similarly, the situations in which the children are leftin the care of other persons or where the distance between the child and one or bothparents is beyond the borders of a state become increasingly frequent.

  • Issue Year: 2018
  • Issue No: 08
  • Page Range: 113-125
  • Page Count: 13
  • Language: Romanian