La reclamación de alimentos y otras prestaciones en el proceso penalel delito de impago de pensiones

Abstract

The conviction of the offender for the non-payment of pensions offence will entail as civil liability the conviction of the payment of the benefits due. But this will only be possible after a criminal process where it shall be credited and proved that all objective and subjective elements (wilful conduct) are present. Particularly problematic is the proof of wilful conduct (knowledge of the duty and deliberate intent of non-payment) because if there is no possibility of payment, the conduct of the accused will not be voluntary (the accused will not pay, not because he/she doesn't want to but because he/she cannot), which brings us to the proof of the economic capacity of the accused, which is one controversial aspect in the case law, as well as other aspects such as the legal standing to lay of an information (o file a lawsuit), or the scope of the civil liability. All this bearing in mind that the enforcement civil process and the criminal proceedings are not incompatible, coexisting and, on occasion, interfering.