The Law on the Prevention and Combating of Femicide and the Violence Leading Up to It

The Law on the Prevention and Combating of Femicide and Precursor Violence, which has been the subject of much public debate, will be sent for promulgation tomorrow.

Because I have observed, in the course of these discussions, that opinions generally tend toward extremes—either people who portray the law as a resounding success, or people who criticize it (without seeming to have even read it), particularly from the perspective of creating discrimination, I have attempted to conduct a preliminary, detailed analysis—certainly not exhaustive, primarily legal and only occasionally criminological—of the provisions adopted by Parliament in criminal matters (more specifically, only the amendments to the Criminal Code—Special Part). I therefore emphasize that I have not addressed the other provisions of the Law and do not dispute their utility.

In short, in criminal matters, the key points to note are as follows:

• The Criminal Code does not include a separate offense or the term “femicide,” nor does the adoption of the Law create any offense or aggravated form of an offense that applies only to female victims;

• Only provisions governing crimes against the person are amended;

• Three new aggravating factors are introduced for aggravated murder: murder committed as a form of control or domination within a relationship, gender-based aggravating factors, and similar circumstances, as well as murder committed in the context of ending a relationship. I have attempted to explain how each of these new factors can be interpreted, as well as the issues raised by the new regulations. Essentially, I do not believe that these issues stem, as has been widely written, from any potential ambiguity in the concepts of “control” and “domination,” but rather from the difficulties in applying them in relation to domestic violence and the context in which such acts are committed;

• A new, more severe form of the offense of inciting or aiding suicide is introduced if the act is committed against a person over whom the perpetrator exercises, or claims to be entitled to exercise, control or domination as a result of a relationship;

• An aggravated form is introduced for offenses involving assault, bodily injury, and assault or bodily injury resulting in death, consisting of the commission of the act as a means of exercising control or domination arising from a relationship, as well as the commission of the act by an adult perpetrator in the presence of a minor (also applicable in cases of murder, aggravated murder, and incitement or facilitation of suicide);

• Criminal proceedings will be initiated ex officio for domestic violence involving physical assault, rape, and sexual assault committed against adults in all cases, as well as for aggravated home invasion;

• For the crime of sexual assault, reconciliation precludes criminal liability.

Read more in the article – https://aubd.drept.unibuc.ro/ce-nu-ne-dorim-atunci-cand-modificam-legea-penala-o-analiza-preliminara-a-modificarilor-aduse-infractiunilor-contra-persoanei-prin-legea-pentru-prevenirea-si-combaterea-femicidului-si-a-violentelor/