The phenomenon of family abandonment. Generating factors and psycho-traumatic consequences

• Author: Carmina Aleca - Amelia Singh
• Position: Assistant Ph.D, Faculty of Juridical and Administrative Sciences, University of Pitesti - Assistant Ph.D Candidate, Faculty of Juridical and Administrative Sciences, University of Pitesti
• Pages: 234-237

THE PHENOMENON OF FAMILY ABANDONMENT. GENERATING FACTORS AN D PSYCHO-

TRAUMATIC CONSEQUENCES

Carmina Aleca

Amelia Singh

Abstract

Family aba ndonment is a nega tive phenomenon and reprehensible a nd its psycho-traumatic effects ar e

uncontestable. In the context in which most forms of family aba ndonment pr oduce an undoubted impact on the

child, it is manda tory to identify a s accura tely a s possible the traumas that he may suffer. F or as realistic an

identification of these consequences as possible and also an efficient tr eatment or contravention of them, we

consider it necessa ry to research the gener ating situations, especially.

Keywords: family abandonment, child, tra umas, gener ating factors, protection.

Introduction

We honestly have to become a ware that in Romania, the low living standard s have led these la st years

to a sudden rise in the number of crimes aga inst the family. Although family abandonment is an a ction that does

not involve a violent element, yet we consider tha t we must point out a n extremely relevant a spect which consists

in the non-fulfillment of family duties. This r epresents a form of negligence with dra stic effects on the physical,

emotional and mora l integrity of the person in need.

1. Brief considerations concerning the felony of family abandonment regulated by art. 305 from

the Criminal Code

The legislator has incriminated the act of family abandonment in art. 305 from the Criminal Code,

which stipulates that this felony is confirmed every time a person who ha s the legal duty to provide suppor t to

the one entitled to it, perpetr ates the following deeds:

a) deserting, banish or leave helpless, thus exposing that person to physical and moral suffering;

b) non-fulfillment in bad faith of the duty to provide support stipulated by law;

c) non-payment in bad faith over two months of the alimony established by the court.

The act of family abandonme nt is presented as a felony with alternative contents1, a qualification which

ensues fro m the legal normative framework, which institutes three ways of perpetrating this. In order to fully

stop the ac t of family abandonment, the legislator consider acts with an independent characteristic, each of this

being able to characterize the existence of the felony on its own2.

Perpetrating this felony, in any of its versions, presents a grave social danger for the relations within a

family and a t the same time, for the general rules of social cohabitation. In this vein, family abandonment

contravenes the most elementary feeling of solidarity and mutual aid owed by each member of the family to each

other, and is criminalized and penalized accordingly by the criminal law.3

Therefore, in order to prevent the felony of family abandonment, the legislator considered two essential

conditions. On one side, t here are the family r elations that arise as an effect of marriage and involve a mutual

obligation. This is transposed in the following actions: to raise the children born from this union, to ensure their

necessary food, the adequate ed ucation until they are able to support themselves, to s ubsist i n case the parents

are not married4. Practically, the spouses have both rights and obligations in accordance with the law, and thus

the felony of abandonment constitutes in essence t he act of fleeing from their duty towards their children5. On

the other side, there is the existence of a lega l r elation which institutes a duty to support between certain

members of the family.

 Assistant Ph.D, Faculty of Juridical and Administrative Sciences, University of Pitesti, e-mail: carmina.aleca@yahoo.com

  Assistant Ph.D Candidate, Faculty of Juridical and Administrative Sciences, University of Pitesti, e-mail: singh.amelia@yahoo.com

1 V. Dobrinoiu, N. Conea, Drept penal. Partea special. Teorie şi practic judiciar, Lumina Lex Publishing House, Bucharest, 2002, p.

474.

2 T. Vasiliu, D. Pavel, G. Antoniu, St. Daneş, G. Daranga, D. Lucinescu, V. Papadopol, V. Rmureanu – Codul pena l al R.S.R. comentat si

adnotat – Partea special, vol. II, Scientific and Enciclopedic Publishing House, Bucharest, 1977, p. 380.

3 V. Dongoroz, S. Kahane and others. Explicaii teoretice ale Codului penal român, Vol. IV, 2nd edition, All Beck Publishing House,

Bucharest, 2003, p. 508.

4 T. Bodoaşc, Contribuii la studiul obligaiei legale de întreinere a copilului de ctre prini, in „Dreptul” no. 7/2007, p. 99.

5 R. Merle, A.Vitu, Traite de droit criminel, Cujas, Paris, 1967, p. 716.