The Málaga Juvenile Prosecutor’s Office investigates fifty families in the province, who stopped taking their children to class during the COVID pandemic for no good reason. In most cases they are students from Primary education (6 to 12 years old), who did not attend class for most of the past school year.

In this way, absenteeism cases that lack a clear and decisive justification, to find out if the parents have infringed the duties inherent to the custody. The prosecution recalls that in the age groups between 6 and 16 years of age, the legal obligation of schooling and that the governments of the autonomous communities, for their part, have established the guidelines so that the stay in the schools is safe for the students.

This obligation, based on these parameters, is «inescapable»For the parents or guardians of minors. «Your willful, unjustified and persistent inattention will lead to the legal consequences arising from non-compliance with the duties inherent to parental authority, as has been happening regularly so far in cases of absenteeism “, emphasize sources from the public prosecutor.

Only in those cases that lack a “clear and final” justification for the exemption, even for a few days, from the duty of attendance by students at the center the proceedings to file a complaint or a complaint will be continued against parents.

Article 226 of the Penal Code punishes with prison terms of three to six months or a fine to those who “cease to comply with the legal duties of assistance inherent to parental authority, guardianship, guardianship or foster care.” The judge, in addition, may impose the penalty of special disqualification for the exercise, precisely, of that post-state homeland or guardianship for a period of four to 10 years.

However, the Civil Code, in its article 154, includes the duties of parents with respect to their children: “to watch over them, keep them in their company, feed them, educate them and provide them with comprehensive training”, it establishes, which includes provide the means for minors to go to school.

Some experts believe that for there to be a criminal offense, some aggravating factors must occur, as if there is will to inattention, or if the attitude is persistent and long-lasting over time.

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