The court of first instance decided the divorce of D.B.N. and D.J. on the ground of common fault and placed the minor child in the custody of her father. D.B.N. appealed the decision to the Isai Tribunal, and the appeal court decided to place the minor child in the custody of D.B.N., her mother considering this to be in the best interest of the minor. It explained that the fact that the parents of D.J. were taking care of the minor did not represent sufficient reason for placing her in his custody, as wrongfully held by the court of first instance. The Court of Appeal rejected the appeal of D.J. against the decision of the Iasi Tribunal based on the fact that the minor is attached to her mother and to the domestic violence of her father both against the mother and the minor child.
Women and Justice: Court: Iasi Court of Appeal
Domestic Case Law
D.J. v. State Iasi Court of Appeal (2009)
Prosecutors’ Office attached to the Iasi Tribunal and T.D. v. State Iasi Court of Appeal (2009)
Both the Prosecutors’ Office attached to the Iasi Tribunal and the accused T.D. appealed the decision in first instance of the Iasi Tribunal regarding the conviction of T.D. for violence and manslaughter. The accused T.D. and the victim T.P. used to drink large quantities of alcohol. One night, following the victim’s refusal to prepare food, the accused hit her and the victim collapsed, hitting her head and throat on the stove. The accused continued hitting the victim and at the end lifted her and putted her on the bed. The victim was not able to get up from the bed for a few days, but she was conscious. However, her status deteriorated, and at the request of the accused, she was brought to hospital. Nonetheless, she died a few days later. The court of first instance convicted the accused for violence causing death (homicide), but case had been prosecuted under the charge of qualified murder. Therefore, in accordance with Romanian law, the Court of Appeal considered the decision of the first instance null and void, and re-sent the case to the court of first instance for re-hearing in line with the decision of the Court of Appeal.