Facultatea de Drept / Faculty of Law

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Subject: search.filters.subject.domestic violence

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    Considerații juridice privind violența în familie [Articol]
    (CEP USM, 2023) Miron, Adriana
    The legislator has made substantial changes in terms of fundamental notions regulated by Law no. 217/2003, on preventing and combating domestic violence. The article is dedicated to social approaches to preventing and combating domestic violence. The successive amendments did not take into account a correlation of the institutions regulated by the law on domestic violence or with the provisions provided by the criminal law criminalizing domestic violence. Preventing and combating domestic violence is part of the national family protection and support policy and is an important public health issue. In order for the law to be a useful and effective tool in preventing and combating the phenomenon of domestic violence, a terminological and regulatory correlation is required.
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    Norme de drept procesual penal specifice combaterii infracțiunilor săvârșite în cadrul familiei. Drept comparat [Articol]
    (CEP USM, 2023) Gheorghe, Teodor-Viorel
    The study presents aspects of substantive and procedural law specific to crimes committed within the family, with the highlighting of regulatory deficiencies that can complicate the evidentiary activity and criminal prosecution of the perpetrator. The alignment of the national legislation with the requirements of the Istanbul Convention (2011) is analyzed, as well as the way of representation in the process of the minor and the person lacking discernment. At the same time, arguments are made for removing the privilege of witnesses to not give statements against the perpetrator who is a family member with them, as well as for removing the legally conditioned probative value of the statements of protected witnesses, when they are family members of the accused person.
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    Tipologia violenței și măsuri de combatere prin norma de drept [Articol]
    (CEP USM, 2023) Bogdan, Manole Decebal; Cordoș, Ana Maria
    Violence is present in all areas of social life. We find violence at the level of individuals, but also at the level of social groups in different forms and intensities. Violence is involved in the process of socialization, but also in the formation of human consciousness. Domestic violence is actually a voluntary aggression with unexpected, even tragic consequences on the integrity of the other person. Of course, in the general sense, nothing can justify domestic violence in the family. In reality, however, for many women and their children the family home can equal danger. This phenomenon of domestic violence, ignored in the past, is becoming important in contemporary society, which is mobilizing to eradicate the phenomenon. As society modernizes, disruptive social vectors enter family life and generate conflicts that become cases of domestic violence, a phenomenon difficult to control, if the authorities do not specialize the sanctioning system derived from the law.
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    Violența în familie în legislația altor state [Articol]
    (CEP USM, 2023) Copețchi, Stanislav
    In the present study is analyzed a comparative study in the matter of the crime of domestic violence. Article 2011 of the Criminal Code of the Republic of Moldova is analyzed in relation to similar criminal regulations from the legislation of some foreign countries. The legislations of European states are analyzed, such as: Romania, Hungary, Bulgaria, France, Czech Republic, Slovenia, Slovakia, Poland, Denmark, Portugal, Greece, Germany, Latvia, Lithuania etc. Several legislative approaches are highlighted in terms of: defining the crime of domestic violence; establishing the circle of victims of the crime of domestic violence; determining the forms of domestic violence etc. The distinctions between domestic violence, regulated by art. 2011 of the Criminal Code of the Republic of Moldova, and the corresponding crimes from the legislation of some foreign countries are highlighted.
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    Răspunderea agresorului familial pentru actele de violență contravenționale
    (CEP USM, 2024) Gherasimenco, Violeta
    Domestic violence is a universal phenomenon that does not choose society, individuals. At the opposite pole of harmonious relations between members of a family, where human rights and freedoms should exist, is domestic violence. Domestic violence against women differs from other forms of violence because both the perpetrator and the victim are members of the same family. The aggressor consolidates his power by dominating and discriminating against the victim. The problem is that the aggressor is a family member, which shows an obvious asymmetry between the proportions of acts of violence committed against women (in most cases). Therefore, the family aggressor should be held criminally liable for acts of domestic violence from a younger age, and the penalty should be much more severe than in the case of a simple misdemeanor.
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    Particularităţi privind reglementarea contravenţiei de violenţă în familie în legislaţia altor state [Articol]
    (CEP USM, 2024-09-20) Gherasimenco, Violeta
    Domestic violence is among the most serious human rights violations facing contemporary society worldwide, in whatever form it takes. Also, domestic violence is a violation of certain norms of conduct protected by various legal instruments. This phenomenon present in everyday reality, both as a misdemeanor and as a crime. The crystallization and affirmation of the offense of domestic violence in the legal framework is the result of a long process. A process in which the solutions differ from one state to another.
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    Contravenția de violență în familie [Articol]
    (CEP USM, 2024) Roșca, Ecaterina
    Domestic violence is an illicit action, aggressive behavior of one or more family members. Nowadays, although we live in a democratic state, where the rights and obligations of each person are respected, this phenomen is widespread, so I think it is necessary to find it in the contravention code, not only in the criminal code. In my article, I will approach violence from the point of view of contravention.
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    Violența în familie comisă în cyberspațiu [Articol]
    (CEP USM, 2024) Reniță, Gheorghe
    This article starts from the premise that most crimes can be committed not only offline but also online. Thus, domestic violence can also be committed in cyberspace. Moreover, the concept of “cyberviolence” was outlined. This concept is found in several documents adopted under the auspices of the United Nations, the Council of Europe, and the European Union. More recently, the European Court of Human Rights has expressly emphasized that cyberviolence constitutes a form of domestic violence. It is about the cases of Buturugă v. România and Volodina v. Russia (no. 2). This article analyses the reasoning of the European Court of Human Rights. It is shown that cyberviolence against a family member generates a serious interference in the private life of the person, i.e., in the right guaranteed by art. 8 of the European Convention on Human Rights and, respectively, of art. 28 of the Constitution of the Republic of Moldova. And the national authorities have a positive obligation to conduct an effective investigation. Such an investigation must lead to the identification of the perpetrator, his punishment and compensation to the victim.
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    Măsurile de protecție în privința victimelor violenței în familie prin prisma drepturilor omului - garanții și riscuri [Articol]
    (CEP USM, 2024) Vasiliu, Liuba
    Domestic violence - means any intentional act or inaction, whether physical or verbal, physical, psychological, spiritual or economic abuse or the infliction of material or non-material harm, committed by a family member against other family members, including children, and against common or personal property. According to Article 3 of the Council of Europe Convention on preventing and combating violence against women and domestic violence, domestic violence means all acts of physical or psychological violence occurring within the family. Article 1, in conjunction with Article 3 CEDO, imposes a positive obligation on the State to ensure that individuals under their protection are protected against all forms of ill-treatment prohibited by Article 3 CEDO, even if such treatment has been committed by private persons.
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    Правовое регулирование ответственности за домашнее насилие: опыт Украины
    (CEP USM, 2024) Евтушенко, Дарья
    The author analyzes the legal regulation of liability for domestic violence in Ukraine, highlighting the basic legal acts that enshrine the concept, signs, and characteristics of such an unlawful act. The author identifies the competent authorities under Ukrainian law whose competence includes prevention, counteraction, and suppression of domestic violence. The concept of an abuser and a child abuser is defined, taking into account the peculiarities of the subject of domestic violence. The distinction between administrative and criminal liability is made, indicating the specifics of each type of liability for domestic violence. The role and importance of preventive activities of law enforcement agencies to prevent domestic violence are determined.