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marital crimes

Codul Penal, Articolul 376 Bigamia

Penal Code, Article 376 Bigamy

Marriage is only permitted as a union of two people in Romania. If a married person enters into an additional marriage, the punishment is three months or up to two years incarceration, or a fine. If an unmarried person marries someone that they are aware is already married, the punishment ranges from one month to one year imprisonment, or a fine.

Elrod v. Elrod (N.C. App. 2008)

The plaintiff and defendant were married in 1998 but entered into a separation agreement in 2007. They were living together, and were discussing work that needed to be done around the house when the defendant-husband requested that the plaintiff-wife look down at the door sweep. The wife bent down to look and subsequently could not recall anything that took place until she woke up around 3:00 am and found herself in bed with a “terrible headache” and extreme nausea.

Ohio House Bill 161 (2024) on Removing Spousal Exemptions for Sexual Offenses

Ohio House Bill 161 did not carry a popular short title but is widely described as the bill “removing spousal exemptions for sexual offenses.” It removes spousal exceptions for sexual offenses such as rape and unlawful sexual conduct with a minor, therefore eliminating the loophole that previously protected individuals from being prosecuted from sexual offenses against their spouse. This law also allows a person to testify against their spouse in prosecuting these offenses. 

Prohibition of Child Marriage Act of 2024

The Prohibition of Child Marriage Act of 2024 (the “Act”) prohibits child marriage, even if the relevant parent or guardian has consented to the marriage. The Act also provides criminal penalties for violation of the Act, including a minimum prison sentence of 15 years. If child marriage occurs, it also places the burden on the parents and the person who conducted the marriage to prove that they were either not aware of the age of the child, or did not know the marriage occurred.

R.M. v. State, No. 1657, Bucharest Court of Appeal (2006)

R.M. was convicted of committing violence against his wife. On a second appeal submitted by the prosecutor, the Bucharest Court of Appeal held that the factual circumstances of the case were correctly retained by the inferior courts; however, the sentence did not consider the aggravating circumstance that the victim was the wife of the accused. The Romanian Criminal Code provides that criminal acts committed against a member of the family are aggravating factors. The Bucharest Court of Appeal therefore decided to increase the sanction applied to R.M.

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