VIolența psihică sau psihologică: interpretare juridică penală [Articol]

Abstract

It is essential to specify, from the outset, that the Criminal Code of the Republic of Moldova does not contain any normative provisions expressly dedicated to defining the concepts of “psychological violence” or “mental violence” This normative insufficiency makes it difficult to apply the rules containing such concepts in practice. In this regard, in order to ensure a correct, logical, and coherent approach from a normative, doctrinal, and jurisprudential point of view, the specialized literature on psychological violence will be analyzed and subsequently provided a correct normative interpretation, a doctrinal approach based opinions formulated to such reference issue, and a representation of the interpretation of judicial practice in this case. The research hypothesis begins from the premise that the analysis of domestic and foreign scientific materials on the concepts of “psychological violence” and “mental violence” allows for the identification and utilization of existing doctrinal contributions, which constitute a benchmark and essential support for the correct, uniform application, and possible legislative improvements to the Criminal Code of the Republic of Moldova.