FAMILY CRIMINAL LAW
Family criminal law is at the confluence of criminal law and family law.
With experience in these two subjects - criminal law and family law -
Me Decortis will be able to assist you efficiently and quickly in
this unusual matter.
In certain cases, resorting to criminal justice aims to ensure the effectiveness of a civil decision ruling on the right of custody of the child or on the maintenance contribution.
- the non-representation of a child (article 432 of the Penal Code): when a court decision granting custody or accommodation rights to one parent is not respected by the other, the injured parent can initiate the criminal justice. There are civil avenues to enforce this right (article 387ter of the Civil Code for example), but when it comes to an obstinate and voluntary refusal, or an abduction of the child possibly outside the borders, the law criminal law applies. For example, the parent who, at the end of the school vacation, does not bring the child back and keeps him in his country of origin. But beware! You need a prior civil decision ruling on accommodation! Since the law of July 30, 2018
- family abandonment (article 391bis of the Penal Code): your spouse does not pay the maintenance contribution he owes you to raise the children by virtue of a court decision? He or she is guilty of the offense of "abandonment of the family". You can go to criminal justice and your spouse may be sanctioned.
- neglect and abandonment of children or incapable persons in need (article 423 of the Penal Code): similar to but distinct from the previous offense. There is no need for a prior civil decision.
- deprivation of food and care (article 425 of the Penal Code): voluntary deprivation of care or support may justify the issuance of an arrest warrant and a prison sentence of more than one year.