Norme de drept procesual penal specifice combaterii infracțiunilor săvârșite în cadrul familiei. Drept comparat [Articol]

Abstract

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.