Lawyers Marbella

Abduction of minors. Criminal lawyer in Spain

In our Marbella Office we pay great attention to the crimes that may be committed on a minor. On this occasion we want to refer to the abduction of minors, a serious behavior that unfortunately has happened with some frequency in recent years.

The Criminal Code defines this offense in its article 225 bis:
'The parent who without just cause for this sustratosre his youngest child will be punished with imprisonment of two to four years and special disqualification for the exercise of the right of custody for a period of four to ten years.'

But what is considered subtraction? According to the Code there will be illegal removal when we are facing one of these two facts:

  • The transfer of a minor from his place of residence without the consent of the parent with whom he usually lives or of the persons or institutions to which his custody or custody was entrusted.
  • The retention of a minor seriously breaching the duty established by judicial or administrative resolution.

Considerations about abduction of minors

Depending on the place to which the minor is transferred, the legal procedure will be different. If this place were a country of the European Union, the process will be simpler and the chances of success will be high. But if the minor has been transferred outside the territory of the European Union and there is no return agreement with the other country, the possibilities of return will be less.
It is fundamental in these cases to contact a lawyer beforehand to study our case individually and tell us the options we have.

Experienced lawyer Marbella

Contact us if you need more information about this or other Criminal Law issues. For this we recommend that you request a previous appointment, either by phone or through the internet. Our team will meet with you as soon as possible.