We will focus on the second case, carrying out this type of action can constitute a crime shareholder database of child abduction . This crime is punishable by imprisonment from 2 to 4 years and disqualification from parental authority from 4 to 10 years.
It is regulated in article 225 bis of the Penal Code:
Any parent who, without just cause, abducts his or her minor child shall be punished with a prison sentence of two to four years and special disqualification from exercising the right of parental authority for a period of four to ten years.
It will be understood that there is abduction of minors when:
When the minor is moved outside his or her habitual place of residence without the consent of the parent with whom he or she normally lives or without the consent of the institution that cares for the minor.
The detention of a minor in serious breach of a judicial or administrative resolution (such as a regulatory agreement).
In the first case, the typical example is when one of the two parents takes his or her child or children to another city or country and does not inform the other parent, doing so unilaterally. The second case, for example, is when the non-custodial parent keeps the child for longer than stipulated in the visitation and stay regime . Even going so far as not returning the child to the custodial parent.
However, in this last example, if the parent's intention is to return the minor (within a reasonable period of time) there will be no crime . There will have been a breach of agreement.
The penalty provided for is imprisonment from two to four years and special disqualification from exercising parental authority for a period of four to ten years. The Penal Code establishes an aggravated subtype in the event of the transfer of the minor outside of Spain or if some condition is required for his/her return. The penalty will be set at its upper half .
Who can commit this crime?
The non-custodial parent
The minor's ancestors
Other relatives of the parent up to the second degree of consanguinity or affinity
