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Mihai Alexandru Stanciu: Differences in judicial practice regarding some offences against the family

DOI: http://doi.org/10.47743/jss-2022-68-2-17

Abstract: Very common in the judicial practice, the offenses of family abandonment and failure to comply with the measures regarding the custody of the minor, have had different interpretations, whether it was about the assembly of the constituent elements of the offenses of derogatory behaviors from the obligations imposed to the parties by the courts or about their legal classification, whether it was procedural issues, such as the moment from which the term provided by the law for filing the prior complaint begins to flow, regarding the continuous nature of the offenses. Some of these have been cut by the supreme court through its own instruments to impose a certain general and obligatory interpretation, while others continue to provide contradictory solutions in judicial practice.

Keywords: abandonment of family, failure to comply with the measures regarding the custody of the minor, prior complaint, non-unitary practice.

References

Udroiu M., Drept penal. Partea Specială, Editura C.H. Beck, ed. a 4-a, București, 2017


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