Professional Documents
Culture Documents
Victimizarea
Victimizarea
1/2010
EFECTELE VICTIMIZRII
Dr. Mihai Adrian Hotca,
mihaihotca@gmail.com
I. Consideraii introductive
ntrebarea legitim care poate fi pus este: are
victima infraciunii o via normal dup traumatismul produs prin fapta ilicit? n unele cazuri,
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I. Preliminary consideration
The question that can be asked is: does the infraction victim have a normal life after the trauma
caused through the illicit deed? In some fortunate
cases, but just a few, the victims fully recover,
sometimes these recover only partially, but there
are also many situations when the victims suffer
severe and irremediable consequences. The most
encountered disorders can be expressed through
the expression posttraumatic stress and are conduct disorders, nervous breakdowns, unjustified
edginess, anxious disorders (alternation between
edginess and lethargy) eating disorders etc. The
infraction victims suffer certain consequences that
can be of material, physical- biological, social and
moral (psychological) nature.
Of course, these are infractions that can cause
all the types of effects mentioned above, but there
are also infractions that can not determine just one
or some of these unwanted consequences. For instance, the wounding with intent can cause deadly
consequences (for example, the impossibility to
take part to the social life), physical- biological
ones (for example, a permanent physical infirmity),
material ones (for example, loss of some periodical incomes), social ones (for instance, conduct
disorders), psychological ones (for example, thinking problems). On the contrary, the infractions
against patrimony rarely determine unmaterial consequences. For instance, in the case of the infraction of destruction, if the asset that is the object of
the infraction had a moral value for the victim,
besides the material damages, there are also moral
damages. In the case of the infractions against patrimony, it is caused also certain social, psychological and moral consequences, because the material object of the infraction is sometimes very
important for the injured party or for other persons in its entourage. There are people that suffer
a great deal in case of losing a pet or an asset.
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cauz. Prejudicii materiale pot produce i infraciunile contra persoanei. Spre exemplu, n situaia
n care vtmarea corporal const n pierderea
capacitii de munc are loc de multe ori o diminuare sau o pierdere a veniturilor victimei. De
asemenea, victima poate face cheltuieli de natur
medical (de spitalizare, pentru achiziionarea de
medicamente sau proteze etc.).
derage, it was caused also a body injury to the victim, the victim is under the care, education, treatment, protection or guard of the doer, there are
close blood or affinity relations, after the deed was
committed, the victim committed suicide or conceived.
The victims of the infractions referring to the
sexual life suffer in many cases severe physical
injuries and strong psychical traumas, that never
go away or that are difficultly forgotten. Such sufferings affect mostly the future natural evolution,
physical and psychical development of these ones,
as well as their relations with those surrounding
them.
Severe moral sufferings are caused also to the
victims of the infractions of attempt of murder or
of other infractions in personam (assault, body injury etc.). The direct victim of such infractions
shows strong fears, concern, frustration and other
strong traumatic feelings. The injured person has
to be hospitalized, to be subjected to medical interventions, to perform recovery activities, not to
take part to social or cultural events etc.
In certain case, the moral prejudice takes the
shape of an aesthetic fault, such as the case of deformation or other situations that affect the victims
health or body integrity. In case the victim is mutilated, disfigured or remained with scars, the psychical sufferance is very intense. Of course, in the
case of the moral aesthetic prejudice, the sufferance is not the same for all the persons, but in most
cases, besides the physical harmony, the victim
definitely or temporary loses the psychical balance.
In case the victim carries on an activity where the
aesthetic component (in the case of the artists, public professions etc.) has an important part, this ends
up not being able to carry on its job or profession.
This is the reason for which the courts grant money
compensations in the case of a moral aesthetic
prejudice (pretium pulcritudinis).
Certain infractions cause moral damages that
consist in the situation when the victim can not
take part to the cultural-social life. For instance, a
victim that is in an immobility state now loses the
possibility of spiritual improvement, relaxation and
other pleasures offered by the life in society. This
type of moral prejudice is called relaxation prejudice. The loss of the normal life joys is an extremely
painful moral prejudice. The impossibility to take
a walk in the park, to take part to a common event
or to carry out any activity that previously could
Knowledge horizons Volume 2, no. 1/2010
I. Urs, Repararea daunelor morale, Ed. Lumina Lex, Bucureti, 2001, p. 133. Pentru o prezentare a punctelor de vedere
exprimate n jurispruden i doctrin, a se vedea acelai autor, op. cit. 108-133.
2
T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C. Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae, Victimologie, Curs universitar,
Ed. Pinguin Book, Bucureti, 2004, p. 99-100.
3
T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C. Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae, op. cit., p. 107.
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nor can benefit from an eventual money compensation that should be the equivalent of the damage
caused in that precarious situation. As it was said
in the doctrine, the victims unconsciousness excludes the reality of the moral prejudice1.
As far as the right of the persons in close connection to the victim in chronic vegetative state
(victims through rebound) to the repair of the
moral damages is concerned, it can be mooted the
question of some money compensations, because
it can not be ignored the sufferance experienced
by the persons in the victims entourage.
on the victim. For instance, in the case of a numerous family where only the victim had an activity
generating incomes, the social effects can be devastating for the members of that family.
The high victimization degree existing in the
society determines a feeling of insecurity within
the society, in the family or in other social groups
characterized by increased victimization, and, on
the level of the entire society, a degradation of the
trust of the society members in the state institutions especially under the aspect of their efficiency.
The social problems within a certain group can
generate in their turn other severe problems, such
as the increasing of the crimes and victimization.
The explanation is based on the conservation instinct which makes the morally weakest ones to
deviate from the rules set by society.
In certain circumstances, the victimization
within some collectivities can be extended also to
other communities connected to these ones, because it is caused the snowball effect, and in such
a situation, the consequences are very severe.
In the specialty theory, it is talked about the
mass psychology or the collective psychology as
being a mutual feeling of the society members towards victimization3. Due to the lack of operability of the state organs, the members of the collectivity to which the victim belongs, will react in a
manner deviated from normality either in the direction of increasing the victimization, through
revenge, or in the sense of blas state.
In certain cases, the social effects do not consist only in the moral depravation of some members of the social group, but also in family disunions, breaks of the affective ties, social isolation of these ones and other such consequences.
1 I. Urs, Repararea daunelor morale, Lumina Lex Printing House, Bucharest, 2001, page 133. For a presentation of the
points of view expressed in jurisprudence and doctrine, see the same author, quoted work 108-133.
2 T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C. Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae, Victimologie, Curs universitar,
Pinguin Book Printing House, Bucharest, 2004, page 99-100.
3 T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C. Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae, quoted work, page 107.
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Idem, p. 101-107.
Idem, p. 146.
6 Concluziile studiului au fost preluate din cotidianul Gndul, nr. 286 din 7 aprilie 2006, Bucureti. Printre msurile propuse,
surprinztor, apare i legalizarea anumitor tipuri de droguri.
5
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From the extrafamilial point of view, the minors are victimized due to social causes, to the affiliation to a certain ethnic group etc. The social
group to which the minor belongs exercises a high
negative or positive influence on this one, depending on the case which means that the affiliation to the social group with a victim potential will
negatively reflect on the minor.
The parents are the causes of the minors victimization especially if they have certain conducts
(severe vices, increased aggressiveness, lack of
affection, frustrations5 etc.). The violence can be
not only of physical nature, but also of psychical
nature. For instance, the continuous apostrophizing, with or without a reason, the frequent injuries, the immoral conducts etc.
The sexual molestation of the minors mostly
causes irremediable dramas for those affected.
Besides, when this one grows old, in most cases, it
will pass forward the conduct to which it has been
subjected. The sexual aggression of the minor contains many conduct types starting with using them
as instruments for satisfying the sexual instincts
and continuing with the sexual exploitation of the
minors by their parents or by those to whom they
are entrusted. The sexual molestation is mostly
caused from an authoritarian or power position.
The studies carried out in the last few years
point out an alarming increase of the minors that
smoke, consume alcohol, drugs or have a depraved
conduct. According to a study of the Faculty of
Sociology within the University of Bucharest, the
children in Romania make the first attempt to consume alcoholic drinks and smoking besides their
parents. As far as the proportion is concerned, the
studies show that 8% of 11 and 14 year old children smoke, 4% drink alcohol and 1% are taking
drugs. According to the study, a determining factor in taking drugs by the minors is the circle of
friends, and the phenomenon could be fought back
through education of the pupils, parents and teachers on the local level6.
The minors represent an increased victim reality not only in the case of the infractions in personam, but also in the case of other infractions
among which there are those against patrimony
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BIBLIOGRAFIE
1. B. Taylor, Changes in criminal victimization,
1994-1995, U.S. Department of Justice, Bureau of
Justice Statistics
2. B. Mendelshon, La victimologie et les
bsoins de la socit actuelle, n Revue Sociologica
abstracts, supliment 38
3. R. Merle, A. Vitu, Traite de droit criminel,
Cujas, Paris, 1967
4. M.R. Rand, J.P. Lyunch & D. Cantor, Criminal Victimization 1973-1995, U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Statistics
5. I. Urs, Repararea daunelor morale, Ed. Lumina Lex, Bucureti, 2001;
6. T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C.
Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae,
Victimologie, Curs universitar, Ed. Pinguin Book,
Bucureti, 2004
BIBLIOGRAPHY
1. B. Taylor, Changes in criminal victimization,
1994-1995, U.S. Department of Justice, Bureau of
Justice Statistics
2. B. Mendelshon, La victimologie et les
bsoins de la socit actuelle, n Revue Sociologica
abstracts, supliment 38
3. R. Merle, A. Vitu, Traite de droit criminel,
Cujas, Paris, 1967
4. M.R. Rand, J.P. Lyunch & D. Cantor, Criminal Victimization 1973-1995, U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Statistics
5. I. Urs, Repararea daunelor morale, Ed. Lumina Lex, Bucureti, 2001;
6. T. Butoi, D. Voinea, V. Iftene, Al. Butoi, C.
Zrnescu, M.C. Prodan, I.T. Butoi, L.G. Nicolae,
Victimologie, Curs universitar, Ed. Pinguin Book,
Bucureti, 2004
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