¿Qué garantías existen en la apertura del proceso penal por el delito de inasistencia alimentaria a los hijos para lograr el cumplimiento del deudor?

Abstract

All persons have the right to receive aliments, from the moment of their be born, they are creditor of this right by their parents and close relatives. The aliments are a set of goods to which certain people are entitled, among them we can specify the son, these are made up componen of education, recreation, health, housing, maintenance, etc. The sons are called to request them when necessary requirements that go according to the capacity and the need of the person; aliments are divided icongruos and necessary, the aliments can also be voluntary or legal. All persons refer to article 411 of the Civil Code are creditors of aliments, provided they meet the burden that corresponds to which them or is imposed by law. When the person obliged to pass it on to another aliments is does not from doing so with intent or guilt, there is in criminal law a typical and unlawful conduct that is called food absence enshrined in article 233 of the Criminal Code. Jurisprudence and doctrine have developed the components of the crime of aliments absenc alements in order to give clarity to the issue of guilt of conduct, not always those who escape from the food obligation must be deprived of liberty, for this they must comply minimum legal requirements established.