Presentation on theme: "Victimology in Romania Assoc. Prof. Dr Andra-Roxana Trandafir"— Presentation transcript:
1 Victimology in Romania Assoc. Prof. Dr Andra-Roxana Trandafir Thanks eszterHappy that no one will confound Bucharest and Budapest againMarcelo yesterday – worse than Michael jacksonBadly and rapidly intitulate my topicVictimology in Romania Assoc. Prof. Dr Andra-Roxana TrandafirVice Dean, Faculty of Law, University of Bucharest
2 Victimology‘Why in history has everyone always focused on the guy with the big stick, the hero, the activist, to the neglect of the poor slob who is at the end of the stick, the victim, the passivist – or maybe, the poor slob (in bandages) isn’t all that much of a passivist victim – maybe he asked for it?’ [Hans von Hentig – The Criminal and his Victim – 1948]
3 Victimology“Another founding father of victimology is the Romanian defense lawyer Benjamin Mendelsohn. He published in French about the role of the victim in crime causation in as early as And it was he who in 1947 coined the term victimology.” Prof. Jan Van DijkGraduated from the faculty of law in Bucharest
4 VictimLatin origin – sacrifice animal, which is being murdered for its other people’s faults => innocent victimmany of the girls in Grimms’ Fairy Tales are helpless victims, waiting around for the inevitable rescue.Never dieAlways find happiness
5 ART. 79 CPPVictimA person who suffered a physical injury or a material or moral prejudice as a result of a criminal act is a victim.- Discuss about other victims – eg who comit suicide
6 88 mentions in the CP regarding the victim CP & CPP88 mentions in the CP regarding the victim151 mentions in the CPP regarding the victim82 mentions regarding the civil party222 mentions regarding the suspect and 661 mentions regarding the defendant
7 ART. 81 (1) Rights of victims In criminal proceedings, a victim has the following rights: a) to be informed of its rights; b) to propose production of evidence by the judicial bodies, to raise objections and to make submissions; c) to file any other applications related to the settlement of the criminal part of the case; d) to be informed, within a reasonable term, on the status of the criminal investigation, upon explicit request, provided that they indicate an address on the territory of Romania, an address or a electronic messaging address, to which such information can be communicated; e) to consult the case file, under the law; f) to be heard; g) to ask questions of the defendant, witnesses and experts; g^1) to receive an interpreter, free of charge, when they cannot understand, cannot express themselves properly or cannot communicate in the Romanian language; h) to be assisted or represented by a counsel; i) to use a mediator, in cases permitted by law; j) other rights set by law. (2) A person who suffered physical harm or a material or moral prejudice as a result of a criminal act in relation to which the criminal action is initiated ex officio, and who does not want to participate in criminal proceedings has to inform the judicial body of this, and the latter can hear such person as a witness if it deems it necessary
8 ART. 85 CPPRights of civil parties(1) During the course of criminal proceedings, a civil party has the rights listed under Art. 81.(2) The capacity as civil party of a person who suffered a prejudice as a result of an offense does not preclude their right to participate as a victim in the same case.
9 ART. 93Legal assistance provided to victims, civil parties and parties with civil liability(1) During the course of the criminal investigation, the counsel of a victim, a civil party or a party with civil liability has the right to be informed, under the terms of Art. 92 par. (2), to be present when any criminal investigation act is performed under the terms of Art. 92, the right to consult documents of the case file, and to file applications and memoranda. The stipulations of Art. 89 par. (1) shall apply accordingly.
10 ART. 111Hearing of victims(1) At the beginning of the first hearing, judicial bodies shall ask a victim the questions listed under Art. 107, which applies accordingly.(2) A victim shall be informed of the following rights and obligations:a) the right to be assisted by a counsel, and in case of mandatory legal assistance, the right to have a counsel appointed ex officio;b) the right to use a mediator in the situations permitted by law;c) the right to propose production of evidence, to raise objections and to argue in court, under the terms set by the law;d) the right to be informed of the conducting of proceedings, the right to file a prior complaint, as well the right to become a civil party in the trial;e) the obligation to come to court when summoned by the judicial bodies;f) the obligation to notify of any change of address.
11 ART. 113Protection of victims and civil partiesWhen the requirements established by law in respect of the status of threatened or vulnerable witnesses are met, or for the protection of private life or dignity, criminal investigation bodies may order protection measures specified under Arts. 125 – 130 in respect of a victim or a civil party. Such provisions shall apply accordingly.
12 Reconciliation – pressure/money Victims and punishingTheft before 2014Up to 20 yearsAverage 3 yearsMediation, alternative penalties (adjourning penalty, apologize to the victim)Reconciliation – pressure/money
13 248 cars/1000 inhabitants – EU’s lowest rate Traffic accidents248 cars/1000 inhabitants – EU’s lowest rate97 victims/1M inhabitants – second place in the EU
14 Minors as victimsSource: Superior Council of Magistracy
16 Number of files in which minors are victims Source: Superior Council of Magistracy
17 Every day... Every month... Minors as victims An offender is indicted for killing a minorAn offender is indicted for sexually agressing a minorAn offender is indicted for stealing or robbering a minorEvery month...A minor is beaten to death
18 Salvati Copiii 2016 Bullying in schools 3/10 children are being excluded from their groups¼ children was humiliated in front of his colleagues3/10 are menaced by their colleagues73% witnessed bullying at school
19 Domestic violence (January-June 2016) 8926 victims of domestic violence45% urban55% rural81 victims of rape36% urban54% rural
22 Every 30 seconds a woman is beaten by her partner WomenEvery 30 seconds a woman is beaten by her partnerEvery week a woman is raped by a member of her family91% of the persons asking the protection order are womenCan take up to one year...Enforcement
23 Women - perception/mentality INSCOP 201630% Romanians believe that women are also guilty for being beaten6,4% claim that a men who does not beat his wife does not really love her7,3% agree that the wife is property of the husband8,1% believe that violence comes from Heaven
24 Thoughts of a wife“Good or bad, he was their father. He is a man, he’s different. I cannot go for wood in the forest. The man can handle this easier. Why did they do that, for smacking our face? But people fight sometimes, that’s not a problem…”
25 Drama triangle Victim Villain Rescuer The Victim: The Victim's stance is "Poor me!" The Victim feels victimized, oppressed, helpless, hopeless, powerless, ashamed, and seems unable to make decisions, solve problems, take pleasure in life, or achieve insight. The Victim, if not being persecuted, will seek out a Persecutor and also a Rescuer who will save the day but also perpetuate the Victim's negative feelings.The Rescuer: The rescuer's line is "Let me help you." A classic enabler, the Rescuer feels guilty if he/she doesn't go to the rescue. Yet his/her rescuing has negative effects: It keeps the Victim dependent and gives the Victim permission to fail. The rewards derived from this rescue role are that the focus is taken off of the rescuer. When he/she focuses their energy on someone else, it enables them to ignore their own anxiety and issues. This rescue role is also very pivotal because their actual primary interest is really an avoidance of their own problems disguised as concern for the victim’s needs.The Persecutor: (a.k.a. Villian)The Persecutor insists, "It's all your fault." The Persecutor is controlling, blaming, critical, oppressive, angry, authoritative, rigid, and superior.VillainRescuer