PROTECTIVE MECHANISM IN CIVIL AND CRIMINAL MATTERS FOR VICTIMS OF DOMESTIC VIOLENCE
DOI:
https://doi.org/10.55516/ijlso.v4i1.182Abstract
Domestic violence is a reality that is no longer ignored by the authorities who seek the most effective protective measures. The protection order is a protective mechanism designed to protect the victim by taking immediate measures to physically remove the aggressor and, under certain conditions, force him to follow detoxification programmes. The issuing of a protection order does not preclude the perpetrator from being held criminally liable when the conditions for this are met or from being given a custodial preventive measure. The protection order is a civil procedural measure, which removes a danger to the victim, and the preventive measure of preventive custody is provided for in criminal procedural law, which aims to remove a state of danger to public order.
References
Andrei Laura, Giurea Laurențiu Constantin, Palaghia Claudia-Monica, Domestic violence, Good practice manual for magistrates and police workers, RO20 funding programme, Domestic violence and gender-based violence, Project funded by the Norwegian Financial Mechanism 2009-2014, Cluj-Napoca, 2016;
Boroi Alexandru, Criminal Law, general part, 4th ed. C. H. Beck, Bucharest, 2020;
Boroi Gabriel, Stancu Mirela, Drept procesual civil, Hamangiu Publishing House, Bucharest, 2015;
Bulai Constantin, Dongoroz Vintilă, Fodor Iosif, Iliescu Nicoleta, Kahane Siegfried, Oancea Ion, Roșca Victor, Stănoiu Rodica, Theoretical explanations of the Romanian Criminal Code, special part, vol.III, 2nd edition, Romanian Academy Publishing House, Ed. All Beck, Bucharest, 2003;
Chiș Ioan, Dobrinoiu Maxim, Dobrinoiu Vasile, Goruneascu Mirela, Neagu Norel, Pascu Ilie, Pascu Mihai Adrian, Păun Costică, Sinescu, Mircea Constantin, New Penal Code commented special part, 3rd edition, revised and added, Universul Juridic Publishing House, Bucharest, 2016;
Damaschin Mircea, Neagu Ion, Treaty of Criminal Procedure, General Part, 2nd edition, Ed. Universul Juridic, Bucharest, 2015;
Franguloiu Simona, Klein Michael, Moroșanu Raluca, Guide to working in criminal cases with minors, in the light of the provisions of the New Penal Code and the New Code of Criminal Procedure, the draft laws on the execution of custodial and non-custodial sanctions, IRZ Foundation, Bucharest, 2012;
Franguloiu, Simona, "Necessity of full implementation of the measure of electronic monitoring in the case of application of alternative measures to detention", accepted for publication, Journal of Criminalistics, Criminology and Penology, Romanian Society of Criminology and Criminalistics;
Alexandru, M., Franguloiu, S., "Aspects of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)", volume of the University "George Barițiu", Brasov, 2002 apud Franguloiu, S., Klein, M., Moroșanu, R. "Working guide in criminal cases with minors, in the light of the provisions of the New Penal Code and the New Code of Criminal Procedure, of the draft laws on the enforcement of custodial and non-custodial sanctions", IRZ Foundation, Bucharest, 2012).
Giurgiu Narcis, Drept penal general, doctrină, legislație, jurisprudență, Sunset Publishing House, 1997;
Tăbârcă, Mihaela, Civil Procedural Law, 2nd edition, vol. Non-contentious judicial procedure, Solomon Publishing House, Bucharest, 2017;
Volonciu Nicolae, Treaty of Criminal Procedure, special part, vol.II, Paideia Publishing House, Bucharest, 1994;
Franguloiu, Simona, "Children's rights in practice", https://www.era-comm.eu/child_friendly_justice/kiosk/pdf/speakers_contributions/online_speakers_contributions_115DT101.pdf;
www.rejust.ro.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 International Journal of Legal and Social Order
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
