Domestic violence in Romania

Violence takes many forms, from the verbal to the physical and mental, invariably creating an injury to the victim’s physical or mental integrity, possibly even affecting their freedom.

For reasons of criminal policy and alignment with the needs of society, a new law on the protection of victims will produce its effects starting from 31.08.2024, once it enters into force. This new law, 26/2024 on the protection order, will replace the current regulation still in force, Law no. 217/2003 for preventing and combating domestic violence. From the beginning we notice that the new regulation is much more applied and related to the danger of any person being in concrete danger, given the wide appreciation of the legislator on the variety of social relations that a citizen develops in the community of which he is a part.

Starting from the right to life regulated not only by the Romanian Constitution, but also by all other international instruments for its recognition, it was necessary to introduce a new regulation, adapted to the needs of each individual, the state being the one that gives him viable protection. In this sense, the new Law 26/2024 is structured in 4 chapters, the first defining the notion of acts of violence and family member, the second and third concretely describing the procedure for issuing the provisional protection order, respectively protection order, the fourth chapter containing final and transitional provisions. In the appendices section, we note the requests regarding the issuance of the provisional protection order, as well as the protection order with the protection measures that can be requested by the victim, they contain extensive information that will be provided by the applicant.

For a complete study, this new Law no. 26/2024, can be identified in the Official Gazette no. 172 of March 4, 2024.