The criminal offence of Abandonment of a Family
The crimes of abandonment of the family are based on the breach of a legal duty of care, inherent to parental authority, guardianship and custody, guardianship, foster care or conjugal relationship.
The typical act, punishable under the current Criminal Code, basically consists of the creation of a situation of helplessness for the victim (children, wife, husband, parents...) by the interruption or elimination of the obligation to provide maintenance by the perpetrator.
Article 226 Penal Code
- Anyone who fails to fulfil the legal duties of assistance inherent to parental authority, guardianship, guardianship or family foster care or to provide the legally established necessary assistance for the support of their descendants, ascendants or spouse, who are in need, shall be punished with a prison sentence of three to six months or a fine of six to 12 months.
- The judge or court may impose a penalty of special disqualification from exercising parental authority, guardianship, custody or foster care for a period of between four and ten years".
Article 227 Penal Code
- Anyone who fails to pay for two consecutive months or four non-consecutive months any type of financial benefit in favour of their spouse or children, established in a judicially approved agreement or judicial decision in cases of legal separation, divorce, declaration of nullity of marriage, filiation proceedings, or child support proceedings, shall be punished with a prison sentence of three months to one year or a fine of six to 24 months.
- The same penalty shall be imposed on anyone who fails to pay any other financial benefit established jointly or solely in the cases provided for in the previous paragraph.
- The reparation of the damage resulting from the offence shall always entail the payment of the amounts owed".
Criminal Lawyers experts in family abandonment
The criminal lawyers in Madrid of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from crimes of family abandonment.
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