The constituent elements of the crime as collecting the judgment of the Supreme Court 3 April 2001 son:

1. the existence of a final judicial decision or approved by the competent judicial authority convention providing any financial benefit for a spouse or children of the marriage;
2. one negligent conduct by the payment required to consistently repeated non-payment economic benefit fixed during the period established in the precept, which they are currently two consecutive months or four nonconsecutive; Y,
3. a subjective element configured by the knowledge of the judgment and willingness to violate the obligation to provide that it imposes. In this condition the possibility of the subject to meet the obligation is also integrated, whenever when the agent is in a situation observed inability to satisfy the provision, This objective situation excludes the voluntariness of the typical behavior and the consequent absence of guilt for being absent the element of unlawfulness, I could legally based on an objective situation of necessity or, more correctly, on the existence of a cause of unenforceability of a different behavior to that performed by the subject.

The aforementioned provision is intended to protect the economically weaker members of the family unit against default of care duties by the obliged to supply. derived obligation the duty to meet the economic benefits referred by the court in civil matters for the spouse and children and has its ultimate foundation in the food duty Article 142 the Civil Code.