Offences against marriage, family and children in the Criminal Code of Republic of Slovenia

Abstract

The objects of criminal law protection in these offences are marriage, family, minor persons and children. With regard to the object of protection, the criminal offences from this chapter can be divided into three groups. The first group of offences, that is criminal offences against marriage, contains only one single criminal offence, that is Bigamy. The group of criminal offences against family consists of the following offences: Alternation of Family Status, Abduction of Minors, Family Violence and Violation of Family Obligations. The group of criminal offences against minor persons (which certainly includes also children) is composed of the following criminal offences: Neglect and Maltreatment of a Child, Non- Payment of Maintenance and Incest. It has to be pointed out that the same objects of criminal law protection (in addition to some other objects which are primary) are covered also by other chapters of the Criminal Code, in particular by Criminal Offences against Life and Limb, Criminal Offences against Human Rights and Liberties and by Criminal Offences against Sexual Integrity. Criminal law is an ultimate and the least appropriate means of the regulation of social relations. This is especially true for the area of family life, where it is a question of very sensible family and emotional relationships between perpetrators and victims. Although we are aware that the criminal law is not an appropriate means of the regulation of family relationships, it is nevertheless not possible in the cases of serious violations to renounce to the criminal law intervention, because it is a question of goods which are so important that they deserve the criminal law protection.