Violation of Custody Duties and Parental Visitation Rights Acquittal

The appellate court confirmed the acquittal of the custodial parent charged under Article 219 of the Penal Code for the offense of violating custody or educational duties after the other parent was prevented from exercising visitation rights because the child refused the visits. The court reasoned that while the custodial parent has a civil duty under family law (Art. 274 para. 1 CC) to avoid actions that negatively affect the child's relationship with the other parent, this vaguely defined civil obligation cannot be equated with the qualified, criminally relevant violation of the "educational duty" under Article 219 of the Penal Code, which is reserved for severe and egregious endangerment of a minor's physical or psychological development, adhering to the principle of legality (*nulla poena sine lege certa*).