Constitutive Elements of Domestic Violence: Legal Developments, Victim Protection, and the Impact on Prosecution

Abstract

Domestic violence remains a pervasive issue, and addressing it requires a comprehensive understanding of its legal, social, and psychological elements. This article explores the constitutive elements of domestic violence, focusing on the crime's subject, the victim, the object, and both its objective and subjective sides. The study also examines significant legal developments in the field, particularly in Romania, highlighting the shift away from the principle of "reconciliation removing criminal liability" and the broader implications for prosecution. Despite these legislative advances, challenges persist, including securing victim cooperation in court, raising awareness of the legal framework, and ensuring the implementation of victim support services. A holistic approach is needed, combining legal protection with social support to help victims escape cycles of abuse and rebuild their lives. The article concludes by emphasizing the need for continued legal reform and robust victim services to protect individuals from domestic violence effectively.