Investigation of crimes against family members

• Author: Elena Ana Nechita - Nicolaie Iancu
• Position: University of Oradea, Oradea, Romania - University of Oradea, Oradea, Romania
• Pages: 102-109

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 102-109

102

INVESTIGATION OF CRIMES AGAINST FAMILY MEMBERS

E.-A. Nechita, N. Iancu

Elena-Ana Nechita

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Elena-Ana Nechita, Agora University of Oradea, 8 Piaa Tineretului St.,

Oradea, Romania

E-mail: departament@univagora.ro anaelena2009@yahoo.com

Nicolaie Iancu

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Nicolaie Iancu, Agora University of Oradea, 8 Piaa Tineretului St.,

Oradea, Romania

E-mail niancu2009@yahoo.com

Abstract

The authors intended the first part of the article to present considerations on the moral

and legal rules that provide for the rights and obligations of participants in family

relationships. An analysis of acts constituting offences in light of the New Romanian Criminal

Code will be provided.

Part two will include the presentation of activities specific to criminal investigations

where acts are committed that meet the elements of offences against the family, activities such

as: the crime scene investigation, the hearing of people with different standings in the case,

forensic and psychiatric expertises, reconstructions, searches.

Keywords: investigation, forensic science, family, crime

Introduction

Given the fact that violence in general is on the rise in society and that the Romanian

legislation on domestic violence either has recently changed through Law No. 217/2003 on

preventing and combating domestic violence, republished in the Official Journal of Romania

No. 365/2012, or will change through the new Romanian Criminal Code, Law No. 286/2009

published in the Official Journal of Romania, Part I, No. 510/2009, at the date of its entry into

force (probably 1st of February, 2014, according to Law No. 187/2012 for the implementation

of Law No. 286/2009 regarding the Criminal Code, published in the Official Journal No.

757/November 2012), we consider it useful to approach this topic.

The usefulness of the subject also lies in the role, demonstrated and supported by

scientific theories that the family, as a primary social group, exerts on the child’s personality

and behaviour. In addition to the fact that the violence manifested in the family of origin

spoils the family environment, it increases the chances for children to reiterate the social role

models provided by their parents

1

.

The parallel presentation of the current Romanian legislation and of the new

legislative bills has scientific relevance among specialists from the country, as well as from

1

Onica-Chipea, L., Aspecte socio-juridice privind protecia drepturilor copilului. Studiu de caz în judeul Bihor

(Socio-Legal Issues of Children’s Rights P rotection. A Case Study in Bihor County), Expert Publishing House,

Bucharest, 2007, pp. 27-28, pp. 230-238.