Consideraţii referitoare la infracţiunea privind împiedicarea accesului la învăţământul general obligatoriu în reglementarea noului cod penal

Bogdan Dumitru Moloman

Considerations regarding the offence of preventing access to the mandatory general education under the new criminal Code

Abstract

The right to education is materialized in two correlative obligations: the obligation of the State to create educational institutions and the obligation of the parent, guardian, legal representative or, as the case may be, the legal protector to enroll the minor child at a school accredited by the State and to make sure that the minor child actually participates in the educational process.

According to the provisions of art. 380 of the new criminal Code, the offence of preventing access to the mandatory general education has the following text:

"(1) The parent or person to whom a minor was entrusted, under the law, and who, unjustifiably, withdraws or prevents by any means the minor to attend the...