عقوبة جريمة امتناع متكفل الطفل عن تسليمه لمستحقه : دراسة مقارنة

Abstract EN

The crime of the child’s sponsor refraining from handing him over is considered a crime harmful to the public interest.

As it is related to the lives of individuals and society.

Given this importance, the legislator has paid attention to this crime by imposing original penalties on the perpetrators of this crime.

The original penalties are intended as a criminal penalty that includes pain that the law inflicts on those found guilty of having committed the crime under the law or it is the penalty that the law imposes in the interest of society in reference to a court ruling on whoever is proven responsible for the crime to prevent it from being committed again by the criminal himself or by the rest of the citizens.

The essence of the penalty is the intended pain that results in depriving the convict of his life.

Freedom.

Or money.

Not with the intention of revenge and retaliation against the perpetrator for committing the crime.

And the purpose of it is deterrence and reform.

Most of the legislations have set penalties for the perpetrators of the crime of failure of the sponsor of the child to hand him over to his due.

Commensurate with the personality of the accused and the degree of his responsibility.

In any case.

Whatever the type of punishment.

It is imposed only in order to achieve justice and to achieve deterrence of both public and private types.

So, the penalty includes the pain inflicted on the convicted person for violating the orders and prohibitions of the law.