Criminal procedural measures to protect victims of domestic violence
Keywords:protection of crime victims; domestic violence; procedural protection measures; administrative protection measures.
Protecting the victims of crimes is an objective of the judicial bodies to avoid the risk of revictimization, thus exercising their obligation to defend the fundamental rights of the person (the right to life, the right to health and physical and mental integrity, the protection of dignity, private life, the right to free expression etc.), as protected by a series of national and international normative acts.
The criminal procedural measures for the protection of victims of the crime of domestic violence can belong to various criminal legal or criminal procedural institutions: general protective measures, regulated in art. 113 of Criminal Procedure Code related to art. 125-130 of Criminal Procedure Code, preventive measures, accessory and complementary punishments and administrative protective measures ordered on the basis of Law 682/2002 on the protection of witnesses.
The development of Romanian legislation to complete the spectrum of available instruments, protective measures imposed by international legislation or inspired by the legislation of other states or from the recommendations presented by international experts, is necessary and would follow the trend on a European scale to harmonize the practices of physical and psychological protection of victims.
Thus, the capacity of the judicial bodies to obtain the willingness of the victims to cooperate with the judicial bodies will be enhanced, the risks of exposure to any danger by participating in the trial being minimized, and they will be encouraged to adopt a sincere, unhindered attitude during the hearings.
Vitalie Ionaşcu, The criminological concept of family violence, Universul Juridic Magazine, no. 11, November 2021, p. 104-105;
Joyce E. Williams “Secondary victimization: confronting public attitudes about rape”, Victimology, 9, 1984, (pp. 66-81), p. 67;
In art. 4 of Law 217/2003 for the prevention and combating of domestic violence, the terms of physical, sexual, psychological, economic, social, spiritual or cyber violence are defined;
Franguloiu, Simona, “The effectiveness of forensic science from the perspective of the standard of probation in cases of violence against women and domestic violence for the purposes of the proposal for a Directive of the European Parliament and of the Council on these types of violence”, paper presented and accepted for publication, International Conference on Forensic Science on “Forensic Science - the main pillar of judicial probation in criminal and civil proceedings”, 11th edition, October 2023;
Volonciu Nicolae, Uzlau Andreea Simona, Raluca Moroșanu, Corina Voicu, Victor Văduva, Georgiana Tudor, Daniel Atasiei, Teodor-Viorel Gheorghe, Cătălin Mihai Chiriță, Cristinel Ghigheci, Teodor Manea, Code of Criminal Procedure Annotated, Edition III- revised and added, Hamangiu Publishing House, Bucharest, 2017, p. 341;
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