Article 225 bis of the Penal Code

  Penal Code

1. The parent who removes his minor child without justified cause will be punished with a prison sentence of two to four years and special disqualification from exercising the right of parental authority for a period of four to ten years.

2. For the purposes of this article, the following are considered subtraction:

1st The transfer of a minor person from their habitual place of residence without the consent of the other parent or of the persons or institutions to which their guardianship or custody was entrusted.

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2. The retention of a minor person in serious breach of the duty established by judicial or administrative resolution.

3. When the minor is transferred out of Spain or some condition is required for his restitution, the penalty indicated in section 1 will be imposed in its upper half.

4. When the abductor has communicated the place of stay to the other parent or to whom their care legally corresponds within twenty-four hours following the abduction with the commitment to immediately return that they actually carry out, or the absence has not been greater than said within twenty-four hours, he will be exempt from punishment.

If the restitution is made, without the communication referred to in the previous paragraph, within the fifteen days following the abduction, a prison sentence of six months to two years will be imposed.

These deadlines will be computed from the date of the complaint of theft.

5. The penalties set forth in this article shall also be imposed on the ancestors of the minor and the relatives of the parent up to the second degree of consanguinity or affinity who engage in the conduct described above.

art 225 bis cp

Article 225 bis of Penal Code Spanish refers to the crime of child abduction.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, section 2 is modified by final provision 6.29 of Organic Law 8/2021, of June 4. Previously, he said the following:

2. For the purposes of this article, the following are considered subtraction:

1. The transfer of a minor from their place of residence without the consent of the parent with whom they habitually live or of the persons or institutions to which their guardianship or custody was entrusted.

2. The retention of a minor in serious breach of the duty established by judicial or administrative resolution.

Article 225 bis.2 – Modified with effect from 06/25/2021