Criminal proceedings for unpaid maintenance

You must not automatically equate them with due judicial payment. The content of the obligation and whether there is legally valid compliance must be checked.

No. The conflict over visits must be channeled in its own way and does not eliminate the judicially fixed economic obligation.

Not necessarily. Payment may repair the damage and influence the penalty, but it should be examined whether a criminal breach has already occurred.

Yeah. Article 227 provides that compensation for the damage always involves payment of the amounts due as a result of the offence.

Article 227.2 provides for certain joint or one-off financial obligations. It must be noted that the obligation and the assumption fit in with its regulation.

Persecution is subject to the complaint regime of the aggrieved person or his or her representative, with the intervention of Public Prosecutor’s Office in the cases envisaged.

No. They are routes with requirements and different objectives that must be coordinated, avoiding doubling the collection of the same debt.

Criminal proceedings for non-payment do not replace family proceedings for modification of the benefit. Past responsibility and future obligation must be distinguished.

Yes, if there are elements of frustration of execution or other type. It is not enough to claim a debt: the relevant patrimonial acts must be established.

Section 227.1 provides for imprisonment or a fine. The choice and individualization require attention to the facts and the legal rules.

Yes, if it's criminal and firm. The cancellation depends on the sentence imposed, its extinction and the legal period without any further offence.

The resolution or agreement approved, a monthly statement of due, proof of collection and requirements help to establish the non-compliance and the proof.

Document income, benefits, essential expenses, goods, payments made and economic changes. The defence must explain the actual capacity during the accused periods.

No. This expression may describe the impact of non-compliance, but does not substitute for legal requirements or evidence of criminally responsible conduct.