Forensic issues in family abandon offence investigation

Author:Carmina Aleca - Daniela Iancu
Position:Assistant, Ph. D. Candidate, Faculty of Juridical and Administrative Sciences, University of Pitesti - Lecturer, Ph. D., Faculty of Juridical and Administrative Sciences, University of Pitesti
Pages:22-31
SUMMARY

Family is community foundation, thus contributing to a very well-structured society able to ensure a healthy and safe environment in which any family can promote its members welfare, without excluding support that herself deserves from its own society. Considering the crucial role of family in any society, being inextricably linked to its function or dysfunction, due to time it felt the need to... (see full summary)

 
FREE EXCERPT
22 Lex ET Scientia. Juridical Series
LESIJ NO. XVII, VOL. 2/2010
FORENSIC ISSUES IN FAMILY ABANDON OFFENCE
INVESTIGATION
Carmina ALECA
Daniela IANCU
Abstract
Family is community foundation, thus contributing to a very well-structured society able to
ensure a healthy and safe environment in which any family can promote its members welfare,
without excluding support that herself deserves from its own society. Considering the crucial role
of family in any society, being inextricably linked to its function or dysfunction, due to time it felt
the need to strengthen family relationships through a better legislation in the area, which has been
concretized in incriminating acts likely to affect the social relations that protect it. With this
respect, we particularly pay attention to determining the nature of crime and assessing its effects,
for an appropriate qualification of the act as a criminal act or just as a contravention. It is also
required a content decryption of incrimination and also a clarification of all existing and
questioned controversies in practice and in juridical literature. Forensic methodology is based on
researching normative ways of committing this crime, with a special focus on factual arran-
gements in aggravated forms, although there is no legal provision in this sense. The investigation
search engine highlights criminal field lines, reflecting the whole family picture in which the
perpetrator is conducted, taking into account his psychological attitude of his actions.
Keywords: family relationships, welfare, abandon, offence, investigation
Introduction
The Romanian lawmaker has given particular importance to the regulating of family
relations, most of the times instituting through legal norms of imperative nature, both the personal
and patrimonial duties that exist between spouses and the relations between parents and children.
Without stating that one of these duties is more important than another, the study before you
focuses on the fulfilling of these duties, necessary for the family members to coexist in a quiet
environment or, in any case, bearing the costs of supporting them financially. As the family is the
basis of society, an analysis of the relations within it is especially important owing to the fact that
preserving the family can only be an advantage for any society.
From this point of view, the law must find the necessary solutions in order that the
behaviour of a family member does not harm the integrity of the others, in case one fails to do
one’s lawful duties adequately. According to Romanian law, the act of abandonment is a non-
violent offence, and investigating it is much more complex, difficult and needing more attention.

Assistant, Ph. D. Candidate, Faculty of Juridical and Administrative Sciences, University of Pitesti,
(e-mail : carmina.aleca@yahoo.com).
∗∗ Lecturer, Ph. D., Faculty of Juridical and Administrative Sciences, University of Pitesti, (e-mail:
daniela.iancu2008@gmail.com) .

To continue reading

REQUEST YOUR TRIAL