Appeal Against Discontinuation of Investigation for Violation of Custodial Duties

The case involved an appeal against the discontinuation of a criminal investigation into the mother for alleged violation of custodial or educational duties under Article 219 of the Criminal Code, stemming from the father's claim that the mother consistently prevented his court-ordered visitation rights for nearly two years following their divorce. The appellate commission overturned the discontinuation, reasoning that while a psychiatric evaluation noted the mother's lack of flexibility regarding visitation and placing the decision-making burden on the children, it did not definitively rule out a criminal violation, meaning the situation presented sufficient doubt regarding the applicability of Article 219 to warrant referral to the criminal court for a final determination rather than outright dismissal.