INSTITUTION OF CRIMINAL LIABILITY FOR EVASION FROM SUPPORT OF DISABLED PARENTS: THE PRESENT STATUTORY EXPERIENCE OF THE USA
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 58, Issue 4
Abstract
The authors of this article, through referring to the present penal law effective sources of the USA, which represent separate and holistic Anglo-American legal system, introduces and considers the content of those penal law norms which provide a penalty for criminal evasion from support of the disabled parents. The authors reveals and analyses in detail obvious, integral and important, both common and individual-distinctive characteristic elements, attributes and features which are native to the appropriate, considered present penal law norms of the USA. The modern US criminal law contains a somewhat general and sufficiently clear, fleshed out enough provisions on criminal liability for criminal evasion by an adult, able-bodied and the capacity of human / child from statutory maintain their disabled parents. In these norms defined certain components and qualifying features of the wrongful act, as well as general and special circumstances of its commission. Not horrible attention in these criminal law given to the subject and victim of the investigated offense; defined their basic and inalienable age and social characteristics, rights and obligations that lead to complex cause-effect link between the fact of committing the offense and criminal responsibility for its commission. Natural issued the fact that in such criminal law does not set nor precise nor approximate size/percentage of funds that should be spent regularly adults and operational capacity to person / child to maintain their disabled parents. Current material and financial capabilities of potential offenders and their disabled parents, their overall social status, age, and other specific situational characteristics are the factors sometimes ad hoc, in which the court determined necessary and appropriate amount of the allowance.
Authors and Affiliations
Dmitry Kondratov, Serhiy Degtjarev
Keywords
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