Published: 23 May 2017 | By Tatiana Stryzheuskaya
Bălșan v Romania
Case No. 49645/09
Judgment date: 23 May 2017
The applicant, Angelica Bălșan, was subjected to physical assaults and threats from her husband on numerous occasions between 2007 and 2008, and obtained a forensic medical certificate following each incident. On 19 December 2007, the Prosecutor’s Office attached to Petrosani District Court found her husband guilty of bodily harm and ordered him to pay an administrative fine of €50. No further criminal sanctions were imposed upon him as the court held that his actions did not present any danger to society and that he had been provoked by the applicant. The applicant appealed the decision and requested that the court impose criminal sanctions on her husband, order him to pay non-pecuniary damages and impose a restraining order preventing him from coming near her. On 17 February 2009, the Petrosani District Court acquitted her husband of the crime of bodily harm. Between 19 February 2008 and 21 April 2008 the applicant lodged five further complaints with the police against her husband for assault or threating behaviour. On 28 September 2008, the prosecutor’s office attached to Petrosani District Court decided not press criminal charges against her husband for these incidents and imposed a €25 administrative fine.