In addition to the crime of non-alimony and abuse, discussed above, the following are also distinguished crime of bigamy, which is committed when a person who is already married, once again enters into such a relationship. It is then subject to a fine, restriction of freedom or imprisonment for up to 2 years. In the context of the above, it is worth pointing out that the crime of bigamy can be committed, for example, in a situation in which one of the spouses remains separated. Although the pronouncement of separation, in principle, has the same effects as the pronouncement of divorce, the provision of Article 61 with cogn. 4 § 2 of the Family and Guardianship Code unequivocally stipulates that a separated spouse may not remarry.
Another of the crimes directed against the family is the crime of debauching a minor. Provision of an alcoholic beverage to a minor, facilitation, inducement to consume alcoholic beverages is punishable by a fine, restriction of liberty or imprisonment for up to 2 years. According to the case law, in order to exhaust the elements of the crime of debauchery, it is necessary to act for a longer period of time, over a long period of time - for only under such conditions can a minor become accustomed to alcohol. Exceptionally, in special circumstances, a one-time event will be sufficient to consider that a crime has been committed, although then, it must have an intense course. What is important is the need to prove that the perpetrator's action caused the danger of the minor becoming accustomed to consuming alcohol or caused the strengthening of this inclination in the minor. This is because the offense is carried out when the minor is exposed by the perpetrator's action to the danger of becoming accustomed to alcohol, and this must also be the goal of the perpetrator of the offense, at the time of its commission. The object of protection of the provision in question, according to the position of the Supreme Court, is the protection of young people from the habit of drinking alcohol, which is dangerous to their physical and mental health and moral development (Resolution of June 9, 1976, VI KZP 13/75). The minor referred to in the provision in question may be any person under the age of eighteen, regardless of the relationship, factual or legal, with the offender.
The legislator does not require the occurrence of the effect of actually leading the minor to addiction, i.e. falling into addiction. For the perpetrator to be held liable, the mere appearance of such a danger is sufficient.
Crime abandonment of a minor under the age of 15 or an indigent person is another of the crimes committed against the institution of family and care. It is punishable by imprisonment from 3 months to 5 years. Its perpetrator can only be a person who has a duty of care to the aforementioned. This particular duty may arise from a law, from a contract, be the result of a court decision or simply a specific state of affairs.
According to the position of the Supreme Court, abandonment means the act of leaving a child or an indigent person, combined with the cessation of caring for him or her, without ensuring that he or she is cared for by others. Thus, the essence of „abandonment” includes leaving the person who was to be cared for to his or her own fate, whereby this involves not only abandoning the care of a minor or an indigent person, but also preventing such a person from providing immediate support. (Supreme Court ruling of June 4, 2011, ref. V KKN 94/99). Abandonment of a person, but with the simultaneous assumption of care of the person by other persons will not constitute the crime of abandonment.
The qualified type of the crime of abandonment is when the consequence of abandonment is the death of the person over whom the duty of care was owed. The crime is then punishable by imprisonment from 2 to 12 years.
Behavior directed against a minor under the age of 15, or a person who is incapacitated due to his mental or physical condition, which the legislature also criminalizes, is their abduction or detention, against the will of the person appointed to care or supervision. The perpetrator of such a crime is punishable by a sentence of 3 months to 5 years. Contrary to appearances, the good protected by this provision is not the freedom of the abducted or detained person, but the institution of care and supervision of a minor or indigent person - hence the location of this crime in the chapter on crimes against the family. The perpetrator of the criminal act acts against the will of the person appointed to care or supervision by abducting, i.e. kidnapping, transferring, taking or carrying away a minor or an indigent person from his previous place of residence to another place. The effect of such an action is to deprive the authorized person of the opportunity to exercise care or supervision over a minor under 15 years of age or an indigent. The commission of the crime occurs regardless of whether the perpetrator acted with the consent of the minor or the indigent.
As indicated in the case law, the perpetrator of the crime of abduction cannot be a parent who takes or keeps a child against the will of the other parent, if each of them has parental authority. Nevertheless, such a position contradicts the tenets of the Family and Guardianship Code, according to which parents, having full parental authority, are obliged to cooperate in its exercise and thus to co-determine the child's important affairs. Therefore, it would be difficult to justify the behavior of the father who, against the wishes of the mother, also holding full parental authority, takes the child abroad, thus preventing the mother from exercising direct custody of the minor.
The last of the crimes recognized by the legislature as directed against the family is The crime of arranging an adoption in violation of the law. According to the wording of the provision, whoever, for the purpose of financial gain, is engaged in organizing the adoption of children in violation of the law, shall be punished by imprisonment from 3 months to 5 years. The good protected by the provision in question is, in particular, the welfare of the child, and, in a way, also public order, manifested in the obligation to respect the applicable legal norms.
