Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.141.763
Termination of the continuity of the permanent criminal offense of violation maintenance duties
Bruno Moslavac
Sažetak
The characteristic unlawful condition of intentional avoidance of the obligation to alimony another person, which is created by the perpetrator’s activity, can exist depending on or independently of his will. Since the violation of the duty to support is a permanent criminal offense, the question arises whether the final court decision of the criminal court interrupts the continuity of the wrongful and whether it is possible to try the hardened returnee again, without violating the principle of ne bis in idem.
The paper uses a method of analysis, descriptive for the characteristics of the act, and explicit for a special review of the perpetrator’s personality and determining the form of temporary cessation of wrongdoing on the part of the perpetrator. The statistical method in combination with the sample method was used to conduct a specific survey of characteristic cases on a systematic sample of adult perpetrators of the criminal offense in the territory of the Republic of Croatia.
The results of the research show that the end of the action of denying the allocation of funds for the alimony doesn’t always depend on perpetrator’s actions, that the conviction shouldn’t be a ground or stimulant for further breach of obligation and that a final court judgment must be the basis for the conclusion that the perpetration of a permanent criminal offense of breach of the duty of maintenance has been completed.
In conclusion, it’s established that a conviction for a permanent criminal offense of violation of the duty of maintenance doesn’t include further maintenance of an unlawful situation caused by failure to comply with the legal obligation of the perpetrator to obtain alimony.
Ključne riječi
right to maintenance; violation of the duty of maintenance; permanent criminal offense; action; illegal situation
Hrčak ID:
262166
URI
Datum izdavanja:
7.9.2021.
Posjeta: 3.069 *