Decision of the Court of Cassation, III Criminal Section, No. 45403 of 27 October 2016

With this judgment concerning an act of sexual violence committed against a pregnant woman in the presence of her younger daughter, the Court of Cassation ruled on the issue of the legitimacy of a minor to bring civil actions in application of the aggravating circumstance of “witnessing violence” introduced into the criminal code with law No. 119/2013 (Article 61.11 quinquies). This provision, aimed at strengthening the protection of domestic violence victims by sanctioning the exposure of minors to acts of violence, implements Article 46.d of the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence. In the case, the Court of Cassation held that the minor could be considered as victim of crime in view of the rationale behind Article 61.11 quinquies of the criminal code.