Monday, November 20, 2017

Meaning of Terms for the Purpose of this Code

(28) A family member shall mean spouses, their children, spouses’ progenitors in the direct line, common law partners and their children, adoptive parents and adopted children, foster parents and foster children. A family member shall also mean siblings, their spouses and children, former spouses, their children and parents of the former spouses if they live in the same household, as well as persons who have a child together or who have conceived a child even though they have never lived together in the same household.

CHAPTER NINETEEN
OFFENCES RELATING TO MARRIAGE AND FAMILY

Abduction of Minor

Article 191

(1) Whoever unlawfully detains or abducts a minor from a parent, adoptive parent, guardian or other person or institution entrusted with care of the minor or whoever prevents enforcement of decision granting custody of a minor to a particular person, shall be punished with a fine or imprisonment up to three years.

(2) Whoever prevents enforcement of the decision of a competent authority setting out the manner of maintaining of personal relationships of a minor with parent or other relative, shall be punished with a fine or imprisonment up to two year.

(3) If the offence specified in paragraph 1 of this Article is committed for gain or other base motives or the offence results in serious impairment of health, care or education of the minor, the offender shall be punished with imprisonment from six months to five years.

(4) The court may remit punishment of a perpetrator of the offence specified in paragraphs 1 and 3 of this Article who voluntarily hands over the minor to a person or institution having custody of the minor or enables enforcement of the custody order.

(5) If the court pronounces a suspended sentence for offences specified in paragraphs 1 through 3 of this Article, it may order the offender to hand over the minor within a set period of time to a person or institution having custody of the minor, or to comply with enforcement of the decision granting custody of the minor to a particular person or institution, or a decision stipulating the manner of maintaining personal relationship between the minor and parent or other relative.

Neglecting and Abusing a Minor

Article 193

(1) A parent, adoptive parent, guardian or other person who by gross dereliction of their duty to provide for and bring up a minor neglects a minor they are obliged to take care of, shall be punished with imprisonment up to three years.

(2) A parent, adoptive parent, guardian or other person who abuses a minor or forces him to excessive labour or labour not commensurate with his age, or to mendacity, or for gain induces him to engage in other activities detrimental to his development, shall be punished with imprisonment from three months to five years.

Domestic Violence

Article 194

(1) Whoever by use of violence, threat of attacks against life or body, insolent or ruthless behaviour endangers the tranquillity, physical integrity or mental condition of a member of his family, shall be punished with imprisonment of three months to three years.

(2) If in committing the offence specified in paragraph 1 of this Article weapons, dangerous implements or other means suitable to inflict serious injury to body or seriously impair health are used, the offender shall be punished with imprisonment from six months to five years.

(3) If the offence specified in paragraphs 1 and 2 of this Article results in grievous bodily harm or serious health impairment or if committed against a minor, the offender shall be punished with imprisonment from two to ten years.

(4) If the offence specified in paragraphs 1, 2 and 3 of this Article results in death of a family member, the offender shall be punished with imprisonment from three to fifteen years.

(5) Whoever violates a measure against domestic violence that was imposed on them by the court in accordance with the law shall be punished with imprisonment from three months to three years and a fine.

Failure to Provide Maintenance

Article 195

(1) Whoever fails to provide support to a person whom he is required by law to support, in the amount and manner established by the final court decision or final settlement before the court or other appropriate authority, shall be fined or punished with a fine or imprisonment up to two year.

(2) The perpetrator of the offence specified in paragraph 1 of this Article shall not be punished if failure to provide maintenance is attributable to justifiable reasons.

(3) If the offence specified in paragraph 1 of this Article resulted in serious consequences for the maintained person, the offender shall be punished with imprisonment from three months to three years.

(4) If the court pronounces a suspended sentence, it may order an obligation to the perpetrator to settle due instalments and to provide maintenance regularly.