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Victimology in Romania Assoc. Prof. Dr Andra-Roxana Trandafir

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1 Victimology in Romania Assoc. Prof. Dr Andra-Roxana Trandafir
Thanks eszter Happy that no one will confound Bucharest and Budapest again Marcelo yesterday – worse than Michael jackson Badly and rapidly intitulate my topic Victimology in Romania Assoc. Prof. Dr Andra-Roxana Trandafir Vice 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 Dijk Graduated from the faculty of law in Bucharest

4 Victim Latin origin – sacrifice animal, which is being murdered for its other people’s faults => innocent victim many of the girls in Grimms’ Fairy Tales are helpless victims, waiting around for the inevitable rescue. Never die Always find happiness

5 ART. 79 CPP Victim A 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 & CPP 88 mentions in the CP regarding the victim 151 mentions in the CPP regarding the victim 82 mentions regarding the civil party 222 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 CPP Rights 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. 93 Legal 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. 111 Hearing 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. 113 Protection of victims and civil parties When 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 punishing Theft before 2014 Up to 20 years Average 3 years Mediation, alternative penalties (adjourning penalty, apologize to the victim) Reconciliation – pressure/money

13 248 cars/1000 inhabitants – EU’s lowest rate
Traffic accidents 248 cars/1000 inhabitants – EU’s lowest rate 97 victims/1M inhabitants – second place in the EU

14 Minors as victims Source: Superior Council of Magistracy

15 Number of files in which minors are victims

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 minor An offender is indicted for sexually agressing a minor An offender is indicted for stealing or robbering a minor Every month... A minor is beaten to death

18 Salvati Copiii 2016 Bullying in schools
3/10 children are being excluded from their groups ¼ children was humiliated in front of his colleagues 3/10 are menaced by their colleagues 73% witnessed bullying at school

19 Domestic violence (January-June 2016)
8926 victims of domestic violence 45% urban 55% rural 81 victims of rape 36% urban 54% rural

20 Domestic violence (January-June 2016) – bodily injury

21 Domestic violence (January-June 2016) – rape

22 Every 30 seconds a woman is beaten by her partner
Women Every 30 seconds a woman is beaten by her partner Every week a woman is raped by a member of her family 91% of the persons asking the protection order are women Can take up to one year... Enforcement

23 Women - perception/mentality
INSCOP 2016 30% Romanians believe that women are also guilty for being beaten 6,4% claim that a men who does not beat his wife does not really love her 7,3% agree that the wife is property of the husband 8,1% 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. Villain Rescuer

26 Thank you for your attention!

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