Examen al infracţiunii de nerespectare a măsurilor privind încredinţarea minorului

dr. FLAVIUS-GEORGE PĂNCESCU*

Direcţia Drept Internaţional şi Cooperare Judiciară, Ministerul Justiţiei

ABSTRACT

The way of exercising the parental rights and duties suffered after the adoption in 2009 of the Civil Code significant amendments as compared to the previous regulation. At the time of elaboration of the current Criminal Code, especially of the Chapter reserved to the family offences, this aspect has not been taken into account, so currently it is established the lack of synchronicity between the two regulations.

The current regulation of the offence of non-compliance with the measures regarding minors, provided by Article 379of the Criminal Code, refers to family relations that do not cover the new socio-economic realities, in which it is witnessed the labour migration from Romania to other states, in many cases doubled by the dissolution of some families. Similarly, the situations in which the...