Lawyer for hitting and other acts of violence

The offence of hitting and other acts of violence is a serious matter under criminal law. Such acts, which involve physical violence or aggression against another person, carry grave consequences for victims and offenders alike.

In this article, we set out the offence of hitting and other acts of violence, defining it, examining the legal consequences and offering an insight into how this conduct is dealt with by the judicial system.

How is this offence defined?

This offence is defined in Art. 193 of the Codul Penal (Criminal Code) as follows:

"Hitting or any acts of violence causing physical suffering", as well as "The act by which traumatic injuries are caused or a person's health is impaired, the seriousness of which is assessed as requiring no more than 90 days of medical care".

What is the penalty for hitting and other acts of violence?

The penalty for offences of hitting and other acts of violence is clearly set out in Art. 193 of the Criminal Code. According to that provision:

Hitting or any acts of violence causing physical suffering are punishable by imprisonment from 3 months to 2 years or by a fine.

Where the act causes traumatic injuries or impairs a person's health, and the seriousness is assessed as requiring no more than 90 days of medical care, the penalty is imprisonment from 6 months to 5 years or a fine.

It should be noted that criminal proceedings are initiated upon the prior complaint of the injured person, in accordance with the legal provisions in force.

Hitting and other acts of violence against a minor

The amendments made to the Criminal Code by Legea 248/2023 (Law no. 248/2023), recently published in the Monitorul Oficial (Official Gazette), were intended to increase the penalties for offences with a strong emotional and social impact. These amendments were introduced in order to ensure a firmer response to such conduct and to protect victims more effectively.

Specifically, the penalty limits for hitting or bodily harm have been increased by one third in the following circumstances:

Where the victim is in the care, protection, education, custody or treatment of the perpetrator.

Where the victim is a minor, a circumstance that makes the act more serious.

Where the act is committed in public, which may amplify the negative impact on the community and on public order.

Where the perpetrator carries a firearm, an object, a device, a substance or an animal capable of endangering the life, health or bodily integrity of persons, thereby increasing the danger and the level of threat posed by his actions.

These legislative amendments were promoted in order to improve the protection of minors and other vulnerable persons, while at the same time strengthening the sanctions against physical aggression and violence in society.

Moral damages for the victims of this offence

Moral damages for victims of offences of hitting and other acts of violence are essentially subjective, and the legislationdoes not set a limit, whether minimum or maximum. As a rule, moral damages are awarded to compensate the psychological suffering, humiliation, stress or emotional trauma caused by the offence.

In the case of an offence of hitting and other acts of violence, victims may claim moral damages for the loss of quality of life, the physical and emotional suffering, the social stigma or the psychological impact of the assault.

It should be pointed out that the assessment and award of moral damages are usually made by the the court, which takes into account the individual circumstances of each case and the impact on the victim. In this respect, specialist lawyers can assist in determining the appropriate amount of moral damages and in presenting the claim before the court.