Autor: Dorel HERINEAN

Publicat în: Revista de Dreptul Familiei nr. 2/2020

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The crossroads between criminal law and divorce proceedings. A theoretical view

Abstract: This article represents a theoretical study of the tangents between criminal law and family law regarding the divorce procedure, containing a criminal approach of this institution, sprinkled with aspects of civil law. Being a theoretical study accompanied by numerous hypothetical examples, the material reviews, in the first part, the influence of a divorce procedure or decision on the applicability of some criminal law institutions from the general part of the Criminal code, with references to the incriminations in which they are applicable. In this paradigm, the notion of “family member”, elements of the legal content of the crime, including the position of guarantor, some justifying and non-imputability causes, some punishments, and the extended confiscation are studied. In the second part, the perspective is reversed, as the way in which criminal law can interfere in the divorce procedure is analysed, whether we are talking about material or procedural civil law rules, such as reasons for divorce, consent to divorce, and the patrimonial consequences of divorce.

Keywords: criminal law; divorce; family member; position of guarantor; exercise of a right; moral constraint; fine; extended confiscation; causes of impunity; consent; reasons for divorce; patrimonial consequences of divorce; influencing statements