أكدت المادة 3 من قانون رقم 118 لسنة 1952، بشأن تقرير حالات لسلب الولايه على النفس، أنه يجوز أن تسلب أو توقف كل أو بعض حقوق الولاية بالنسبة إلى كل أو بعض من تشملهم الولاية فى الأحوال الآتية:

1- إذا حكم على الولى بالأشغال الشاقة المؤبدة أو المؤقتة.

2- إذا حكم على الولى لجريمة اغتصاب أو هتك عرض أو لجريمة مما نص عليه القانون رقم 68 لسنة 1951 بشأن مكافحة الدعارة.

3- إذا حكم على الولى أكثر من مرة لجريمة تعريض الأطفال للخطر أو للحبس بغير وجه حق أو لاعتداء جسيم متى وقعت الجريمة على أحد من تشمله الولاية .

4- إذا حكم بإيداع أحد المشمولين بالولاية دارا من دور الاستصلاح وفقا للمادة 67 من قانون العقوبات أو طبقا لنصوص قانون الأحداث المتشردين.

5- إذا عرض الولى للخطر صحة أحد من تشملهم الولاية أو سلامته أو أخلاقه أو تربيته بسبب سوء المعاملة أو سوء القدوة نتيجة الإشتهار بفساد السيرة أو الإدمان على الشراب أو المخدرات أو بسبب عدم العناية أو التوجيه ولا يشترط فى هذه الحالة أن يصدر ضد الولى حكم بسبب تلك الأفعال.

257 comments on “متى يجوز سلب الولاية على النفس؟

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