Brief Considerations Regarding the Crime of Preventing Access to Compulsory Education in the Romanian Criminal Code
Brief Considerations Regarding the Crime of Preventing Access to Compulsory Education in the Romanian Criminal Code

Author(s): Nicoleta-Elena Heghes
Subject(s): Criminal Law, Civil Law
Published by: Scientia Moralitas Research Institute
Keywords: crime; education; minor; right to education
Summary/Abstract: The inclusion of this crime in the current Romanian Criminal Code was a necessity given the alarming increase in the dropout rate by students in lower classes and beyond. The legislator considered it necessary to sanction the parents or guardians of minors who prevent their access to compulsory education in order to ensure the child’s right to education. The text of the law does not refer to the situations in which this abandonment is determined by a precarious material situation, in which case the state must intervene by other means, but the situations in which the parent acts abusively, withdrawing the minor from studies or preventing to follow them, although he would have had all the conditions for it. The deed is not punished, if before the end of the criminal investigation the defendant ensures the resumption of the attendance of the courses by the minor. If, until the conviction is final, the defendant ensures the resumption of attendance by the minor, the court shall, as appropriate, postpone the application of the sentence or suspend the execution of the sentence under supervision, even if the conditions provided by law are not met.

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