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Home > Arhiva > 2012 > Numar: 4 > The Approach of Domestic Violence by the Criminal Justice System in Romania

 The Approach of Domestic Violence by the Criminal Justice System in Romania

    by:
  • Maria Stoleru (Babeş-Bolyai University, Faculty of Sociology and Social Work, Bd. 21 Decembrie 1989, no.128-130, Cluj-Napoca, phone: + 40264-42.46.74, e-mail: maria_stoleru@yahoo.com)
  • Agnes Dávid-Kacsó (Babeş-Bolyai University Cluj-Napoca, School of Sociology and Social Work, 128-130 21 Decembrie 1989 Blvd., 400604 Cluj-Napoca, E-mail, kacso_agnes@yahoo.com )
  • Imola Antal (Babeş-Bolyai University, Faculty of Sociology and Social Work, Bd. 21 Decembrie 1989, no.128-130, Cluj-Napoca, phone: + 40264-42.46.74, e-mail: imolaan@yahoo.com)

The approach of the domestic violence phenomenon by the criminal justice system is seldom the subject of research in Romania. The results of our research indicate that more than 75% of the domestic violence criminal cases analysed aren’t sent to the courts due to the withdrawal of the complaint by the victims. The percentage of the domestic violence criminal cases sent to court represents less than 20% of their total amount. In 62.16% of the domestic violence criminal cases sent to court the defendant was convicted. The proportion of the domestic violence criminal cases which resulted in a prison sentence is moderate: 40.54% of the criminal cases sent to court. In only 16.22% of the criminal cases sent to court the conviction involves the execution of the prison sentence. The reduction of the number of criminal cases due to cases in which criminal action cannot be initiated or carried on in case it has already been initiated during the different stages of the criminal proceedings, the lack of adequate safety measures, the scarcity of evidence concerning the violent episodes previously reported by the victim, and the high percentage of suspended sentences deprives the victim of any form of protection against the perpetrator.

Keywords: domestic violence, criminal justice system, criminal cases analysis, sentences, prison