Criminal law protection of child support in the Republic of Serbia

As a measure of last resort to ensure the effective enforcement of the legal obligation of child support by parents and other persons designated by law, the legislator prescribes criminal liability for a specific offence: "Failure to Provide Support" (Article 195 of the Criminal Code). This offence consists of a failure to provide support for a person whom the offender is legally obliged to maintain, where such an obligation has been determined by a final court judgment or by an enforceable settlement before a court or another competent authority, in the amount and manner established therein. This incrimination represents one of the most frequent forms of violating the child's right to an adequate standard of living. In practice, it primarily serves to protect the "best interests of the child." The paper discusses the concept, scope, constituent elements, and characteristics of this offence, which can seriously and adversely affect the proper development and progress of children under the criminal law of the Republic of Serbia.