UNELE ASPECTE JURIDICE PRIVIND VIOLENȚA ECONOMICĂ ÎN FAMILIE PRIN PRISMA LEGISLAȚIEI RM ȘI SUA

Being one of the most important models of human community, family is a specific, complex relationship that combines various aspects that cannot be found in other social categories. The importance of this social category is determined also by the fact that it is enshrined in article 48 of the Constitution of the Republic of Moldova. There are often situations where the family member(s) abuses the dominant economic position by exerting pressure on the other members. These acts take form of financial/economic violence, which are punished according to the law. The application of economic violence as a coercive instrument carries a serious character, an argument in this sense being the inclusion of the respective factual modality in the art. 2011 para. (1) lit. c) from the Criminal Code of the Republic of Moldova. On the other side, in the legislation of the United Kingdom of Great Britain and Northern Ireland, economic violence is regulated separately, a notion introduced by the Domestic Abuse Act ("Domestic Abuse Act"), in force from April 29, 2021. In terms of punishment, British legislation establishes a harsher penalty (prison of up to 5 years and/or fine) compared to RM legislation (currently - imprisonment of up to 3 years, and with the entry into force of the law for the modification of some normative acts no. 316 of November 17, 2022, in force since January 9, 2023, the prison sentence will be up to 4 years for the non-aggravated crime). On the other hand, the legislative framework of the United States of America also establishes adequate protection for victims of domestic violence and for instance the Domestic Violence Statute set forth in California Penal Code 273.5 carries a penalty of up to 5 years in prison and a fine of up to $10,000 (for a felony), up to 1 year in prison, and/or a fine up to $2,000 (for a misdemeanor).