The perpetrator of a criminal offense of this kind is that person who does not give sustenance to a person who is obligated by law to act so, and that duty is determined by an executive court decision or an executive settlement before a court or other competent authority, in the amount and in the manner specified by the decision, settled. At https://www.brianrosslaw.com/ you can get the right legal help.
Maintenance is a legal relationship between the two parties in which one party – the trustee of the maintenance has the right to demand from the other side – the borrower of a certain donation, which consists in securing funds for meeting the existential needs. The Family Law distinguishes between the support of a spouse, the support of the spouses, the mother of the child, the support between the parent and the child, among relatives.
Hence, this criminal act is a debt servant, but his obligation must be determined by an executive court decision or executive settlement. The most common practice is that the criminal offense committed by a parent who is charged with divorce is obliged to provide support for his minor children or adult children who are in regular education, and at the latest when the child does not reach the age of 26, and does not fulfill his / her obligation at all fulfills or is fulfilling, but only partially and with a reasonable delay.
As a form of guilt, an intent is needed, i.e. the consciousness and the will of the perpetrator not to provide support to a person who is legally obligated to support him, as well as the awareness of the prohibition of work.
When there are several creditors of support, there are as many crimes as there are those trusted supporters. In other words, if a parent is obligated to enforce a decision or a settlement to support two children and does not provide support at all, there will be two offenses of non-delivery.
The issue of obsolescence of the execution of this part has its own specificity, because the criminal act of denying maintenance is one of a group of permanent crimes, which are performed continuously, i.e. in a longer period of time, because its execution creates an unlawful state that lasts for a longer or shorter time . The obligation of the perpetrator or the borrower lasts until the moment when the legal obligation of maintenance is terminated, and the appearance of obsolescence of prosecution for some period does not affect the existence of a work for actions for which the obsolescence did not occur, and for these actions the defendant is found guilty.
The prescribed penalty for this form is a fine or imprisonment of up to two years.
This procedure is most often initiated by filing a criminal complaint by the creditors of the maintenance, or the legal representative of minor children, or their proxy. In addition to the criminal charges, a final and enforceable court decision, or a settlement, should be attached. Upon receipt of a criminal complaint, the competent public prosecutor’s office urgently acts because juveniles are harmed, and their protection and best interests of children enjoy special criminal-legal protection.