Nowadays we can see how crime increases every day. Crimes range from robberies, kidnappings, trafficking, to murder.
The child abduction It is one of the cruelest crimes seen today. It involves kidnapping a child without the prior knowledge of him or her parents, this can be for various reasons.
In this article we will leave you the necessary information that you should know about the child abduction.
What is child abduction called?
The kidnapping of a minor is a crime that includes transfer of a minor from their place of residence without the consent of one of their parents or the person or entity to whom they have been authorized or guardian.
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There is also the kidnapping of a minor if he or she is detained for serious failure to comply with an obligation derived from an administrative or judicial decision.
It differs from minor trade because it is not intended to exploit minors or demand ransoms, which is what distinguishes it from kidnapping.
Where is the crime of child abduction specified?
This small crime is stipulated in Title
The basic offenders are collected in the first part of Article 225A: 1. Parents without a reason to register for their youngest child will be punished for two or four years.
And inadequately special standards for implementing the Parent Agency law for four to ten years. This is found in article 225.1 of the Penal Code
When is child abduction carried out?
Except that pains can be done in two ways: changing children about their habits without the consent of the parents who ordered normally or without the consent of the organization that caused the child.
Maintain a minor with serious incompleteness with the judicial or administrative resolution (such as a legal agreement). In the following case, the seriousness of the breach is essential to assess the offenders.
It will not be understood about how these violations of lower entities, such as small delivery delays. The penalty will be applied in the second half when a minor is transferred out of Spain or when a state returns.
Gerson Vidal, a lawyer on criminal law The term «MINIMO MINUS is detailed in the second part of Article 225a of the Penal Code: 2. For the purpose of this article, it is considered deduced:
1. The transfer of a minor in his or her ordinary residence without the consent of other parents or persons or organizations to which persons support their children are entrusted.
2. Maintaining a serious violation of law is established by a judicial or administrative resolution. This is found in article 225.2 of the Penal Code.
Can the penalty for child abduction be increased?
According to article 225 bis of Part III, the penalty for this crime can only be increased if the minor is taken outside of Spain after his kidnapping, or if there is a condition for return.
Is it possible to commute or abolish the sentence for child abduction?
In accordance with the literal nature of the fourth paragraph of article 225bis, when the abductor informs the other parent or the person whose guardianship appropriate legal action within twenty-four hours of the arrest.
With an obligation to return, they become effective immediately, or in case of absence for a period not exceeding twenty-four hours, exempt from penalty.
If the payment is made without the communication mentioned in the previous paragraph, within fifteen days following the kidnapping, a prison sentence of six months to two years will be imposed.
These deadlines will be calculated from the date of issuance of the rejection certificate.
Who could be involved in child abduction?
Not everyone He may be the perpetrator of a child kidnapping.
Only ancestors of minors and parents of parents of the second degree or higher can act as familiar or mandarin (Clause 5, this is found in the Article 225 of the Penal Code).