Protecția victimelor violenței domestice prin intermediul ordinului de protecție provizoriu
Protection of victims of domestic violence by the instrumentality of the interim protection order

Summary/Abstract: Due to its concrete content and the urgent nature of the issuance and confirmation procedure, the provisional protection order constitutes a means of adequate and immediate protection of the right to life and integrity. In the period elapsed since the entry into force of the Law no. 174/2018, this legal instrument became functional, demonstrating its competences in terms of preventing and combating the domestic violence. Thus, a series of facts which, otherwise, would have remained untreated when, for various reasons, the victims of domestic violence did not notify the prosecuting authorities, still remaining exposed to the risk, are being removed from the "gray area" of crime and rapidly analyzed by the police and prosecutors by the instrumentality of an extra-criminal legal instrument with a preventive role. The present study addresses non-exhaustively, from the perspective of the concrete application of the law, a series of legal issues that concern the competences of the prosecutor in the procedure of confirmation of the provisional protection order and referral to the courts. The focus is on ensuring the effective and efficient application of the legal provisions and overcoming the foreseeable risks resulting from the concurring procedure, analyzed together with the principles governing the activity of the prosecutors, aiming at making compatible the elements in question. Also, there are pointed out the certain vulnerabilities resulting from the regulatory technique that would require legislative intervention.

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