<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The offence of failure to pay alimony under section 196 is one of the most frequent offences in the Czech Republic. Since the protected interest is the right to support and maintain and the most common is the duty of parents towards their children, it is a very serious illegal activity that significantly endangers children and has a negative impact on their development, both health and social. In recent years, Czech legislators have focused on this issue and adopted institutes that strengthen the position of the injured party in these cases. Any kind of sanction has proved to be an ineffective tool for enforcing the delinquent alimony, so it has been necessary to ensure that it can be enforced by other means. Therefore, the legislators broadened the definition of the injured party in criminal proceedings and introduced the so-called substitute alimony. It is also interesting to look into foreign legal regulations and compare selected institutes.</p>
</abstract>

The offence of failure to pay alimony under section 196 is one of the most frequent offences in the Czech Republic. Since the protected interest is the right to support and maintain and the most common is the duty of parents towards their children, it is a very serious illegal activity that significantly endangers children and has a negative impact on their development, both health and social. In recent years, Czech legislators have focused on this issue and adopted institutes that strengthen the position of the injured party in these cases. Any kind of sanction has proved to be an ineffective tool for enforcing the delinquent alimony, so it has been necessary to ensure that it can be enforced by other means. Therefore, the legislators broadened the definition of the injured party in criminal proceedings and introduced the so-called substitute alimony. It is also interesting to look into foreign legal regulations and compare selected institutes.

Institutions Strengthening the Position of the Injured Party of the Offence of Failure to Pay Alimony under Section 196 of the Czech Criminal Code and in Selected European Legal Regulations

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The offence of failure to pay alimony under section 196 is one of the most frequent offences in the Czech Republic. Since the protected interest is the right...

Institutions Strengthening the Position of the Injured Party of the Offence of Failure to Pay Alimony under Section 196 of the Czech Criminal Code and in Selected European Legal Regulations

Publié en ligne: 01 mars 2023

Pages: 259 - 277

DOI: https://doi.org/10.2478/iclr-2022-0025

Mots clés
the offence of failure to pay alimony, the right to support and maintain, the duty to support and maintain, the definition of the injured party, the substitute maintenance

© 2022 Ivana Rabinská, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Institutions Strengthening the Position of the Injured Party of the Offence of Failure to Pay Alimony under Section 196 of the Czech Criminal Code and in Selected European Legal Regulations

Publié en ligne: 01 mars 2023

Pages: 259 - 277

DOI: https://doi.org/10.2478/iclr-2022-0025

Mots clésthe offence of failure to pay alimony, the right to support and maintain, the duty to support and maintain, the definition of the injured party, the substitute maintenance

© 2022 Ivana Rabinská, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
the offence of failure to pay alimony, the right to support and maintain, the duty to support and maintain, the definition of the injured party, the substitute maintenance