A jurisprudential analysis regarding the sanctioning of the violation of the protection order crime from the perspective of legislative evolution
DOI:
https://doi.org/10.55516/ijlso.v3i1.164Keywords:
protection order (OP); provisional protection order (PPO); domestic violence; the offence of violating the protection order and that of the provisional protection orderAbstract
At the phenomenon of domestic and couple violence has generated in recent decades, both at global, European and national level, a multitude of debates in the public space, aimed at both highlighting the phenomenon and the most appropriate measures to adopt in order to limit it. Among these measures, one of the most effective, at least in the short and medium term, is the establishment of a protection order. Although the special civil Law no. 217/2003 on preventing and combating domestic violence did not provide for this measure at the time of its adoption, it was necessary to introduce it after the famous “Perla Hairdresser” case in Bucharest, in which a woman was killed at work, despite having previously made several complaints against her husband, who was a firearm owner and user by profession. This article aims to study from a legislative and jurisprudential point of view the evolution of the regulation of the protection order and the provisional protection order, in particular with regard to the sanctioning of its violation.
References
Scientific papers, reports and statistics cited in this article:
***National Agency for Equal Opportunities for Women and Men, Monitoring report on the status of implementation of the Operational Plan for the implementation of the National Strategy on promoting equal opportunities between women and men and preventing and combating domestic violence for the period 2018-2021, 2018, https://anes.gov.ro/wp-content/uploads/2019/04/raport-monitorizare-strategie.pdf (accessed on 11 November 2023);
*** National Agency for Equal Opportunities for Women and Men, National Study on Domestic Violence, 1st semester, 2019, https://anes.gov.ro/wp-content/uploads/2020/02/SEM-I-2019-STUDIU-NA%C8%9AIONAL-VD.pdf (accessed on 27 October 2023);
***CCSAS, Research for ANES, Study–Procurement of services to carry out a National Study on the prevalence of different forms of violence against women within the project “Support for the implementation of the Istanbul Convention in Romania”, Financing contract: 16/61710/2018/29.01.2019 - NORWEGIAN FINANCIAL MECHANISM – Justice Program 2014-2020, https://anes.gov.ro/wp-content/uploads/2021/05/Studiu-privind-prevalenta-formelor-de-violenta-impotriva-femeilor.pdf (accessed on 11 November 2023);
***Romanian Government, Press Release–https://www.gov.ro/ro/media/ communicate/comunicat-de-presa-edinta-de-guvern-guvernul-a-introdus-ordinul-de-protectie-provizoriu-prin-care-politi-tii-pot-inlatura-de-indata-agresorul-din-domiciliu (accessed on 10 November 2023);
***OSSPC, National report on the situation of domestic violence and the work of professionals with domestic abusers in Romania, 2021, https://www.osspc.eu/app/sites/default/files/inline-files/Raport_national_asupra_ situatiei_violentei_domestice_si_a_muncii_profesionistilor_cu_agresorii_familiali_in_Romania.pdf (accessed on 11 November 2023);
***Tudorina, Network for preventing and combating violence against women, The first year of implementation of the provisional protection order - What the evolution of statistical indicators tells us about domestic violence, 2019 –https://violentaimpotrivafemeilor.ro/primul-an-de-aplicare-a-ordinului-de-protectia-provizoriu-ce-ne-spune-despre-violenta-domestica-evolutia-indicatorilor-statistici/ (accessed on 01 October 2023);
Beccaria, Cesare, Despre infracțiunișipedepse, Rosetti Publ.-house, Bucharest, 2001;
Boroi, Alexandru, Drept penal. Parteaspecială, 2nd Edition, C.H.Beck Publ.-house, Bucharest, 2014;
Marinică, Claudia-Elena, 10 ani de la deschiderea spre semnare a Convenției de la Istanbul, Pandectele Române Magazine no. 5/2021;
Pușcașu, Voicu, Noul Cod penal adnotat, Ed. Hamangiu, București, 2014;
Pușcașu, Voicu; Ghighici, Cristinel, Codul penal adnotat, Partea specială, 2nd Volume, Universul Juridic Publ.-house, Bucharest, 2021;
Vlădilă, Lavinia-Mihaela, Interdicția de a reveni în locuința familiei pe o perioadă determinată, in the volume“Evoluția și perspectiva dreptului românesc în context european”, “Venus” Press House, Iași, 2007;
Vlădilă, Lavinia-Mihaela; Mastacan, Olivian, Safety with medical nature, in Journal of Legal Studies, Supplement no. 3/2012.
Quoted normative acts:
Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, ratified byRomaniaby Law no. 30/17 March 2016, published in the Official Gazette no. 224/25 March 2016;
Law no. 197/2000 for modifying and amending certain provisions of the Criminal Code (former), published in the Official Gazette of Romania, no. 568/13 November 2000;
Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 948/15 October 2020;
Law no. 25/2012 on the modification and amendment of the Law no. 217/2003on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 365/13May 2012;
Law no. 187/2012 for the application of the Law no. 286/2009 on the Criminal Code, published in the Official Gazette, no. 757/12 November 2012;
Law no. 275/2015 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 842/12 November 2015;
Law no. 351/2015 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 979/31December 2015;
Law no. 35/2017 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 214/29 March 2017;
Law no. 174/2018 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 618/18July 2018;
Law no. 183/2020 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 758/19 August 2020;
Law no. 146/2021 on electronic monitoring during certain judicial and penal enforcement procedures, published in the Official Gazette of Romania, no. 515/18May 2021;
Law no. 240/2023 on the modification and amendment of the Law no. 217/2003 on the preventing and fighting against family violence, republished in the Official Gazette of Romania, no. 669/20July 2023.
Quoted jurisprudence:
Iași Court of Appeal, Decision no. 158/2022
Bacău Court of Appeal, Decision no. 1107/2016
Constitutional Court of Romania, Decision no. 264/2017
Iași Court of Appeal, Decision no.158/2022
High Court of Cassation and Justice, Decision no. 50/HP/2020
Bacău Court of First Instance, Decision no. 1815/2018
Galați Court of First Instance, Decision no. 410/2018
Oradea Court of First Instance, Decision no. 92/2017
District Court 6, Bucharest, Decision no. 118/2021
Sibiu Court of First Instance, Decision no. 10/2015
Sibiu Court of First Instance, Decision no. 345/2016.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 International Journal of Legal and Social Order
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
