Publicat în: Revista Pro Lege nr. 2/2020

Safeguarding the injured person, a victim of domestic violence, in order to avoid secondary victimization

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Abstract: The recognition of the existence of specific protection needs for the victims of domestic violence, presumed to be vulnerable, is motivated by the increased risk of secondary victimization in their interaction with the judicial authorities. The respectfully treatment of the injured person, in an individualized and nondiscriminatory manner, his individual assessment, together with the taking of the protective measures in a procedural perspective, including the avoidance of repeated hearings and visual contact between the victim and the aggressor, represent obligations of the judicial bodies, the avoidance of secondary victimization, a principle established at European level by the Directive 2012/29/EU of the European Parliament and of the Council and the Istanbul Convention, and in domestic law, by the Law no. 211/2012 and the Code of Criminal Procedure.

Keywords: domestic violence, injured person, presumption of vulnerability, special protection needs, secondary victimization