Consideraţii privind infracţiunea de încălcare a ordinului de protecţie
Some considerations regarding the crime of violating a protection order
Author(s): Adrian StanSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: protection order; domestic violence; abuser; aggressor; victim; crimes against justice;
Summary/Abstract: Having as a starting point the imperative of the good conduct of family relations, the rationale of criminalizing the act of violating the protection order satisfies the needs of criminal protection of some complex social values, especially since, recently, the legislator opted for the extension of this act to the subjects of criminal law that are not in such family reports. So, the present study aims to analyze, individually and comparatively, the two legislations that provide for this crime, Law no. 217/2003 and Law no. 26/2024. I preferred an analysis according to the structure used in the classical criminal doctrine, from the perspective of the premise situation, the object, the subjects of the crime, the objective side, the subjective side, the form of guilt. Also, some current solutions of the judicial practice will be inserted during the research.
Journal: Revista de dreptul familiei
- Issue Year: 2024
- Issue No: 02
- Page Range: 301-330
- Page Count: 30
- Language: Romanian
- Content File-PDF
