In my master's thesis, I address the criminal offence of neglecting a minor and cruel treatment as defined in Article 192 of the Criminal Code. The legally protected interest of this offence is the minor person and their mental and physical development. This stems from the fact that we now attribute a special status to the child, recognizing them as a sui generis subject who requires special protection and care from the state. I dedicate a specific chapter to the various conceptions of childhood throughout history to demonstrate that it hasn't always been this way and that this incrimination reflects social changes that have contributed to the protection of a child's position within the family. I particularly focus on the family to justify why a child can be at risk within it. I also describe the fundamental characteristics of domestic violence since it affects a child's development and their behavior in adulthood. Parents have the primary right (and duty) to raise their child, but defining acceptable disciplinary measures, especially physical punishment, can be problematic. Physical punishment is prohibited according to Article 3.a of the Domestic Violence Prevention Act (DVPA) and can also constitute a criminal offence under Article 192 of the Criminal Code. To distinguish between criminal and non-criminal actions, I analyze the case law related to this criminal offence. I also mention the general characteristics of the incrimination, as it raises dilemmas, both in terms of legislative regulation and interpretation by the courts. I attempt to clarify whether the incrimination respects the right to family life, the principle of legitimacy and limitation of repression, and the principle of legality. In conclusion, I find that, for the most part, the legislator and the judicial practice respect these rights and principles, but I also point out examples of violations and deviations.
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