Decision of the Court of Cassation, IV Criminal Section, No. 16981 of 12 March 2013

In a case of sexual abuse against a child, the Court of Cassation examined whether the provisions concerning the usability of proof introduced by law No. 17/2012 (on ratification and implementation of the Convention for Protection of Children against Sexual Exploitation and Sexual Abuse) apply also retroactively. The Court further noted that Article 362 of the code of criminal procedure, as amended by law No. 17/2012, does not establishes the hearing of the child as mandatory; the decision of not hearing the child for avoiding possible psychological harm does not infringe the rights of the accused and is not contrary to Article 6 of the ECHR, provided that the rights of the defense are guaranteed through alternative measures.