Violence against a Family Member within the Meaning of the Previous Criminal Code and the current Criminal Code Cover Image
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Violența asupra unui membru de familie în înțelesul Codului penal anterior și al Codului penal în vigoare
Violence against a Family Member within the Meaning of the Previous Criminal Code and the current Criminal Code

Author(s): Mirela Gabriela Cristea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Comparative Law
Published by: Universul Juridic
Keywords: domestic violence; family member; crimes committed against a family member; aggravating circumstance;

Summary/Abstract: The present paper aims to highlight the way in which the legislator’s conception regarding the acts of violence committed against a family member has evolved, by comparing the provisions of the Criminal Code of 1969 with the ones of the Criminal Code in force. The legislator of the new Criminal Code was especially concerned with the situations in which the acts of violence are committed against family members and, thus, article 199 („Domestic violence”) was exclusively devoted to these hypotheses. Through it, the increased seriousness of domestic violence was emphasized, which justifies, as a consequence, the aggravation of criminal liability. The Criminal Code of 1969 also recognized the seriousness of such acts, but the regulatory manner in which it understood to do so was different and proved confusing in judicial practice.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 117-128
  • Page Count: 12
  • Language: Romanian