3. Considerații referitoare la infracțiunea privind împiedicarea accesului la învățământul general obligatoriu în reglementarea noului Cod penal
3. Considerations regarding the offence of preventing access to the mandatory general education under the new criminal Code

Summary/Abstract: The right to education is materialized in two correlative obligations: the obligation of the State to create educational institutions and the obligation of the parent, guardian, legal representative or, as the case may be, the legal protector to enroll the minor child at a school accredited by the State and to make sure that the minor child actually participates in the educational process. According to the provisions of art. 380 of the new criminal Code, the offence of preventing access to the mandatory general education has the following text: “(1) The parent or person to whom a minor was entrusted, under the law, and who, unjustifiably, withdraws or prevents by any means the minor to attend the mandatory general education shall be punished with imprisonment from 3 months to one year or a fine. The deed shall not be punished if, prior to the end of criminal prosecution, the defendant ensures the minor resumes attending classes. If, by the time when the judgment of conviction remains final, the defendant ensures the minor resumes attending classes, the court shall order, as the case may be, postponement of enforcing the punishment or suspension of executing the punishment under supervision, even if the conditions provided by law in this respect are not fulfilled”. The inclusion of this new offence in the new criminal Code is, as also stipulated in the recitals, a necessity considering the alarming increase in the drop-out rate by ever younger students.

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