NON-EXECUTION OF THE MEASURES OF THE ORDINANCE FOR THE PROTECTION OF THE VICTIM OF DOMESTIC VIOLENCE: JURISPRUDENTIAL AND REGULATORY DYSFUNCTIONS

Serghei BRÎNZA, Vitalie STATI Universitatea de Stat din Moldova

Abstract

Article 3201 of the Criminal Code of the Republic of Moldova provides for liability for intentional non-execution or
evasion from the execution of measures established by the court in the ordinance for the protection of victims of domestic
violence. The present study aims at: establishing the dysfunctions that characterize either the practice of applying art.3201
of the Criminal Code of the Republic of Moldova, or the normative framework regarding the measures for the protection
of the victim of domestic violence; proposing solutions to eliminate these dysfunctions. It is revealed that the first dysfunction
consists in the omission to retain in qualification some criminal and / or contraventional acts that accompany
the commission of the crime provided in art.3201 of the Criminal Code of the Republic of Moldova. It is argued that the
crime, provided in art.3201 of the Criminal Code of the Republic of Moldova, cannot absorb other criminal or contraventional
acts. Another dysfunction is the sometimes superficial interpretation of the provision of let.b) para.(2) art.2011
of the Criminal Code of the Republic of Moldova. This interpretation has the effect of overestimating or underestimating
the degree of social danger of the committed acts. The following dysfunction, related to the practice of applying art.3201
of the Criminal Code of the Republic of Moldova, is expressed in that the delimitation of the single prolonged crime
from the cumulation of crimes is made according to obscure criteria that do not respect the principle of legality. Finally,
the dysfunction, which characterizes the normative framework regarding the measures for the protection of the victim of
domestic violence, consists in the reduced effectiveness of the protection measures established in the legislation of the
Republic of Moldova. In order to increase the efficiency of these measures, it is recommended that the legislator completes
the list of protection measures, established in para.(2) art.2787 of the Code of Civil Procedure of the Republic of Moldova
and in para.(1) art.15 of Law no.45/2007.
Keywords: dysfunction, judicial practice, domestic violence, the ordinance for the protection of the victim of domestic
violence, protection measures, insult, hooliganism, acts of persecution, single prolonged crime, cumulation of crimes.