The Criminal Offense of Abandonment of Family

The offense of abandonment of family refers to the failure to comply with the legal duties of support owed among family members. This offense, regulated by the Spanish Criminal Code (Código Penal), penalizes the omission of essential obligations such as the provision of food, housing, and medical care to family members in need. If you find yourself in a situation where you believe you may be affected by this offense, it is crucial to obtain appropriate legal support to protect your rights and those of your loved ones.

What Constitutes the Offense of Abandonment of Family?

According to Article 226 of the Criminal Code, the offense of abandonment of family occurs when a person fails to fulfill the legal duties of assistance inherent in parental authority, guardianship, custody, or foster care. This includes providing for descendants, ascendants, or a spouse who are in a state of need. Furthermore, under Article 227 of the Criminal Code, the failure to pay court-ordered maintenance obligations—such as spousal support or child support—for two consecutive months or four non-consecutive months also constitutes abandonment of family.

This offense is classified as an offense of omission, meaning that what is punished is the failure to act, i.e., the failure to comply with imposed obligations. It should be noted that prosecution is only possible by way of a complaint filed by the affected person or their legal representative, in accordance with Article 228 of the Criminal Code.

Legal Requirements for the Offense of Abandonment of Family

To determine which obligations, when breached, amount to the offense of abandonment of family, reference must be made not only to the Criminal Code but also to other bodies of law. Article 39 of the Spanish Constitution establishes the social, economic, and legal protection of the family, as well as the comprehensive protection of children.

The Civil Code further details the obligations among family members, particularly regarding the exercise of parental authority. For example, Article 154 of the Civil Code provides that parents must care for their children, feed them, educate them, and provide them with comprehensive training. Likewise, Article 142 establishes the reciprocal duty of spouses, ascendants, and descendants to provide maintenance, which also includes pregnancy and childbirth expenses.

The breach of these duties may lead to the imposition of criminal penalties depending on the nature of the offense. Article 226, for instance, punishes the failure to comply with duties of assistance with imprisonment of three to six months or a fine of six to twelve months, and may also impose a special disqualification from exercising parental authority, guardianship, custody, or foster care for a period of four to ten years.

Penalty for Non-Payment of Maintenance Obligations

Article 227 of the Criminal Code provides for a penalty of imprisonment from three months to one year or a fine of six to twenty-four months for those who fail to pay court-ordered maintenance obligations, such as child support or spousal support. This offense may also give rise to the obligation to remedy the harm, i.e., to pay the amounts owed.

Additional Considerations

Not every breach of family duties constitutes the criminal offense of abandonment of family. Many such matters may be resolved through civil proceedings, which are less severe than criminal ones. In cases of an inability to comply with maintenance obligations, it is advisable to initiate proceedings for modification of final measures, as provided under Article 775 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil). Such action may serve as evidence of good faith in the event of a criminal complaint.

How We Can Help

If you are facing a situation related to the offense of abandonment of family or require legal advice on how to proceed, Fukuro Legal is here to provide the legal assistance you need. Do not hesitate to contact us for a personalized consultation to protect your rights and those of your loved ones.

As expert lawyers in criminal law, Fukuro Legal advises and represents its clients in the framework of any type of crime.