Practical Guidelines regarding Violence within the Family

Abstract

Violence within the family is a worrying phenomenon at the level of society and requires a multidisciplinary approach to reduce it. In this context, we consider the judicial practice in the field all the more important, in the context of the decision of the High Court of Cassation and Justice no. 58/2023, pronounced to resolve a legal issue, in which it was specified that the incrimination norm contained in art. 199 para. (1)of the Criminal Code is not a stand-alone offense, but an aggravated variant for the offense of assault or other violence, as well as for the other offenses referred to by the legislator in that article. This paper does not aim to analyze cases of domestic violence, in the context in which the latter concept is one with a wider scope than that of violence within the family. The analysis will focus on aspects related exclusively to the way in which the courts have applied the provisions of art. 199 para. (1) of the Criminal Code in specific cases.