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SM ISO690:2012 BRÎNZA, Serghei, STATI, Vitalie. Răspunderea penală pentru infracţiunea de violenţă în familie (art.2011 CP RM)
. In: Revista Naţională de Drept, 2011, nr. 10-11(134), pp. 3-11. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 10-11(134) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 3-11 | ||||||
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Rezumat | ||||||
In the present investigation, it is argued that it is unfortunate to include cohabitants in the category
of family members as stipulated in art.1331 PC RM. The legal recognition of identical effects means to
undermine the marriage by recognizing cohabitation as a legal alternative. Further on, there is shown
that the position of family membership must be at the time of the offence perpetration. If this position has
terminated (for example, the position of spouse (wife) has ceased as a result of dissolution of marriage
by divorce), the act can not be qualified according to art.2011 PC RM (in case of separate living). Also,
this provision can not be applied, if the offender and victim were bound legally by a null relationship
(for example, a marriage invalid due to bigamy). Similarly, it is argued that it can not be qualified under
art.2011 PC RM the sex violence in the form of an offense as provided by let. b2) par.(2) art.171, let. b2)
par.(2) art.172, art.173, 174 or 175 PC RM. In such cases, the qualification will be performed only under
one of these rules, without applying art.2011 PC RM.
It is shown that in the context of the aggravating circumstance specified at let.a) par.(2) art.2011 PC
RM, the intention to commit domestic violence on two or more family members must be accomplished
either until the domestic violence committed over the first victim or in the process of action (inaction) of
committing the domestic violence over the first victim, but not thereafter. Otherwise, the committed will
form the competition between two or more domestic violence offenses. There is also argued in favor of
the fact that compared with all the aggravating circumstances described at par.(2) and (3) art.2011 PC
RM, the offender shows intention. The expression of carelessness is not possible, based on systematic
interpretation of sanctions stipulated at art.145, 149-152, art.2011 PC RM, as well as based on the legal
essence of the offence of domestic violence.
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