Summary.
The draft bill proposes new wording for Article 211 of the Criminal Code (Código Penal). Its first provision applies to anyone who, without just cause, refuses, evades, fails to fulfill or abandons maintenance obligations or duties inherent in parental authority toward descendants, ascendants or legally protected persons. For that conduct, it provides one to three years of imprisonment, weekend detention or community service, or application of the provisions of this Code. The provision addresses maintenance obligations and duties linked to parental authority within the same article and identifies the people in relation to whom a failure to fulfill those obligations would be assessed.
The amendment then sets out a provision concerning minor children. Where failure to perform the duties of care, supervision, oversight, guidance and upbringing is serious, repeated and unjustified, and directly and demonstrably contributes to a child's involvement in antisocial conduct, the responsible father, mother or guardian would be subject to a penalty. The proposed options are one to four years of imprisonment, weekend detention, community service or a mandatory family guidance program. The penalty would depend on the seriousness of the facts and the circumstances of the case. This provision therefore requires both the specified characteristics of the failure to perform those duties and a direct, demonstrable contribution to the minor's involvement.
The proposed article rules out that penalty if the father, mother or guardian demonstrates that they reasonably performed their duties of supervision, education, guidance and correction toward the minor. It also provides that liability under the article would be independent of any criminal, civil or administrative liability that may attach to the minor or any other person under current legislation. Application of the article would have to observe the principles of legality, due process, proportionality, reasonableness, the best interests of the child and personal criminal responsibility. These requirements would govern the attribution of liability and the determination of the applicable penalty in each case.
Article 2 reiterates that the proposal amends Article 211 of the Criminal Code and provides that the law would take effect on the day after its promulgation in the Official Gazette (Gaceta Oficial). By its subject matter, the draft bill concerns the public authorities responsible for applying the Criminal Code and proceedings in which the liability of fathers, mothers or guardians is considered. It could also interest or affect descendants, ascendants, legally protected persons, minor children and families subject to maintenance obligations or duties inherent in parental authority.
What it proposes.
- Maintenance obligations and duties inherent in parental authority.
- Liability for failure to perform care duties toward minor children.
- Penalties and principles governing Article 211 of the Criminal Code.
Who it would affect.
- People required to provide maintenance or perform duties inherent in parental authority.
- Fathers, mothers and guardians responsible for minor children.
- Descendants, ascendants and legally protected persons.
Key points.
- Proposes penalties for anyone who, without just cause, refuses, evades, fails to fulfill or abandons maintenance obligations or duties inherent in parental authority.Art. 1
- For that failure, provides one to three years of imprisonment, weekend detention or community service, or application of the provisions of this Code.Art. 1
- Establishes a specific provision where serious, repeated and unjustified failure to perform care duties directly and demonstrably contributes to a minor child's involvement in antisocial conduct.Art. 1
- For the responsible father, mother or guardian, provides one to four years of imprisonment, weekend detention, community service or a mandatory family guidance program, according to the facts and circumstances.Art. 1
- Excludes that penalty if the father, mother or guardian demonstrates that they reasonably performed their duties of supervision, education, guidance and correction.Art. 1
- Makes this liability independent of other persons' criminal, civil or administrative liability and requires observance of the principles listed in the article.Art. 1
- Provides that the law would take effect on the day after its promulgation in the Official Gazette.Art. 2