The crime of domestic violence and the crime of child abuse. Link, probation standard

Nicoleta-Elena  Hegheș; Simona  Franguloiu

doi:10.55516/ijlso.v3i1.136

Autori

Nicoleta-Elena Hegheș “Andrei Rădulescu” Legal Research Institute of Romanian Academy, Bucharest;“Dimitrie Cantemir” Christian University of Bucharest, RO
Simona Franguloiu Transilvania University Brasov RO, Trainer National Institute of Magistracy, Bucharest, RO

DOI:

https://doi.org/10.55516/ijlso.v3i1.136

Cuvinte cheie:

domestic violence, child abuse, joint offences, probation.

Rezumat

The significant increase in the number of crimes of domestic violence, maltreatment of a child, particularly and unfortunately in general and especially during the SARSCOV-2 pandemic, affecting one in three women in the European Union (Explanatory Memorandum to the Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM(2022) 105 final[1], requires these types of crimes to be tackled from different perspectives. The same is true of child abuse offences, which in practice often raises the question of the standard of probation and the judge's margin of discretion. From this perspective, this study aims to analyse the link between these offences, as well as the fulfilment of the condition of proving the offence “beyond any resonable doubt”, within the meaning of criminal procedural law and the requirements of the European Convention on Human Rights and Fundamental Freedoms, without dealing with this standard of proof in particular, the concept being the subject of future studies.

[1] https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:52022PC0105

Referințe

Books, articles, studies

Bogdan, Sergiu., Șerban Doris Alina, Criminal Law. Special part, Offences against the person and against the administration of justice, 2nd revised and added edition, Universul Juridic Publishing House, Bucharest, 2020;

Cioclei, Valerian, Criminal Law. Special Part I. Offences against the person and offences against property, 5th edition, C.H. Beck Publishing House, Bucharest, 2020;

Bitanga, Marijan, Franguloiu, Simona; Sanchez-Hermosilla, Fernando, Guide on the procedural rights of suspected or accused persons: the right to information and the right to translation and interpretation, Onești, Magic Print Publishing House, 2018;

Dongoroz, Vintilă, Kahane, Siegfrid, Antoniu, George, Bulai, Constantin, Iliescu, Nicoleta, Stănoiu Rodica, Theoretical and practical explanations of the Romanian Code of Criminal Procedure, General Part, vol. V, Second Edition, Romanian Academy Publishing House, All Beck Publishing House, Bucharest, 2003;

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Theodoru, Gr. Grigore, Treatise on Criminal Procedural Law, Hamangiu Publishing House, 2013;

Explanatory Memorandum to the Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM(2022) 105 final.

Legislation

Council of Europe Convention on preventing and combating violence against women and domestic violence, CETS No 210; COM(2016) 111;

Directive 2011/92 of the European Parliament and of the Council on combating the sexual abuse of children and child pornography and replacing Council Framework Decision 2004/68/JHA Directive 2012/29 of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime and replacing Framework Decision 2001/220/JHA;

Directive (EU) 2016/343 of the EP and of the Council on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings;

EU Council Resolution of 30 November 2009;

Law 217/2003 on preventing and combating domestic violence;

Criminal Code;

Criminal Procedure Code.

Internet resources

https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:52022 PC0105;

https://rm.coe.int/168046253e

https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:32011L 0093;

https://eur-lex.europa.eu/legal-content/RO/TXT/PDF/?uri=CELEX:32012L00 29;

https://www.politiaromana.ro/ro/stiri/violenta-domestica-in-atentia-politistilor 1671870616;

https://www.universuljuridic.ro/infractiunea-de-rele-tratamente-aplicate-minorului-respingerea-contestatiei-ca-nefondata-vcp-ncpp/;

http://www.rolii.ro/hotarari/589f143ae49009a01e00007f;