The crime of omission of family assistance and its possibility ofcompliance in the criminal process

Abstract

In order to provide the Public Ministry with greater weapons, Legislative Decree No. 1194 was issued at the time,
which regulates the immediate process, logically for cases of flagrante delicto, establishing its use as mandatory
for omission of family assistance crimes. and driving while intoxicated, however, to date these courts have become
mere procedural courts in “maintenance” processes, since in the vast majority they are only initiated without
verification of the objective budgets and subjective of the crime; However, a problem has been noted, which is
that the real economic capacity of the accused is not determined, which should have been established through
extra-penal means, at the time of indicating the amount of alimony, when his real capacity to comply should have been objectively established. through an evidentiary activity (evidence trial), which can undoubtedly lead him to be exempt from criminal liability when the concurrence of the criminal elements is not met or proven, for which he is prosecuted in this case for the crime of omission of family assistance.