PLÂNGEREA PREALABILĂ ÎN CAZUL INFRACȚIUNII DE ABANDON DE FAMILIE

The study addresses the issue related to the offence of family abandonment, in the version
provided by Article 378 (3) c) of the Criminal Code, which consists in the non-payment, in bad faith,
for 3 months, of the support pension established in court. In particular, the aim is to clarify the
meaning of the phrase „committing the act”, designated as indicating the moment when the time limit
from which the period for filing the preliminary complaint begins to run, as the legislator has chosen
to exempt this offence from the principle of compulsoriness of setting in motion the criminal action.
The conclusions reached are in the sense that the phrase „committing the act” implies nuances in the
matter of continued offence, as it is the one of family abandonment, otherwise the solution being one
that would implicitly modify the content of Article 296 of the Criminal Procedure Code.