Article 46 of the Penal Code

  Penal Code

The special disqualification for the exercise of parental authority, guardianship, conservatorship, guardianship or shelter, deprives the convicted person of the rights inherent to the first, and implies the extinction of the others, as well as the inability to obtain appointment to said positions during the time of the sentence. The penalty of deprivation of parental authority implies the loss of ownership thereof, with those rights of which the son or daughter is entitled with respect to the convicted person that are determined judicially subsisting. The judicial authority may agree to these penalties with respect to all or some of the minors or people with disabilities in need of special protection who are in the care of the convicted person.

To specify which rights of minors or people with disabilities must subsist in the event of deprivation of parental authority and to determine with respect to which persons the penalty is agreed, the judicial authority will assess the best interests of the minor. or with a disability, in relation to the circumstances of the specific case.

For the purposes of this article, parental authority includes both that regulated in the Civil Code, including the extended and rehabilitated authority, and the analogous institutions provided for in the civil legislation of the autonomous communities.

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art 46 cp

Article 46 of Penal Code Spanish refers to the special disqualification for the exercise of parental authority, guardianship, curatorship, custody or foster care. This assumption ends the rights that such cases grant.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, this article is modified by final provision 6.4 of Organic Law 8/2021, of June 4. Previously, the article said the following:

The special disqualification for the exercise of parental authority, guardianship, curatorship, custody or shelter, deprives the prisoner of the rights inherent to the first, and implies the extinction of the others, as well as the inability to obtain appointment for said positions during the time of sentence. The penalty of deprivation of parental authority implies the loss of ownership thereof, with the rights of which the child is entitled with respect to the convicted person subsisting. The Judge or Court may agree to these sentences with respect to all or any of the minors or people with disabilities in need of special protection who are in charge of the convicted person, taking into account the circumstances of the case.

For the purposes of this article, parental authority includes both that regulated in the Civil Code, including the extended one, and the analogous institutions provided for in the civil legislation of the Autonomous Communities.

Article 46 – Modified with effect from 06/25/2021