TERMENUL DE INTRODUCERE A PLÂNGERII PREALABILE ÎN CAZUL INFRACȚIUNILOR CONTINUE

The crime of family abandonment is a continuing offense. The courts have strictly enforced the decision no. 10/2008 issued by the High Court of Cassation and Justice, joint Sections, which sets forth that in the case of continuing and continued offenses, the prior complaint shall be admitted within two months from the date the injured party or the party entitled to file the prior complaint has knowledge of the identity of the offender. The decision issued in second appeal in the interest of law shall be binding and might lead to the suspension of the criminal trial in all cases concerning abandonment of family. Thoroughly analyzing the doctrine and jurisprudence, the author identifies a solution for solving this dilemma.