The crime of failure to provide family assistance: actus reus analysis

Abstract

This article is developed after pointing out that there is a confusion about what would be the legally protected right inthe crime of failure to provide family assistance, that is, the personal integrity of the supported minor or the administration of justice. Once the scope of protection has been determined, the concept of «state of necessity» as the food risk will be analyzed, and the limits of applicability of the criminal type on potential scenarios will be defined. Finally, this article will analyze whether it is a crime of own omission or negligent omission, as well as the elements that make up the actus reus, and will consider some objective accusation issues. The justification for this work lies in providing clear criteria that facilitate the argumentation and uniformity in judicial decisions.