Sole Custodian Not Guilty of Child Abduction

The court ruled that the holder of the sole parental custody cannot be guilty of the offense of child abduction under Article 220 of the Criminal Code, as this provision protects the right to determine the minor's whereabouts, which belongs exclusively to the custodian. The case concerned an individual against whom charges were brought for withholding a minor following a divorce decree that granted her sole parental custody; the court reasoned that since Article 220 criminalizes depriving the holder of parental authority (or custody) and the sole custodian holds this right without restriction, they cannot, by definition, be the perpetrator who denies this right to another party, distinguishing this situation from cases where both parents share custody or during separation proceedings.