ELSA Cluj-Napoca organises:
Simulated Trial Contest on these matters:
1. Penal (Criminal) Law, which will take place on the 17th of May 2009, and
2. European Protection of Human Rights. (it has been postponed for an unknown period of time)
For starters we will attach the two cases, tomorrow carrying on to let you know some details about the organization of the contest and about getting you ready for it.
For more information click here.
PENAL LAW CASE
In the case, on the 11th of February 2009, the minor F.L., age 7, was located inside a mall, on the playground specially arranged for children, the space being rented by and arranged in this purpose by SC KP SRL by the owner of the mall. While playing in this location and scaling on a wall for climbing, the minor F.L., left by the parents in their care, fell from a height of two meters.
Following the fall, the child fractured his arm and collar (key bone) and also suffered other injuries. These fractures required surgical intervention, the introduction of a metal rod being necessary and the immobilization in cast of the child’s right arm. The hospitalization of the child was also necessary from the 11th to the 23rd of February 2009, because of the need for specialised treatment.
According to the medico-legal certificate, issued on the 23rd of February 2009 by the Medico Legal Institute, the child was hospitalized with the diagnostic of a 1/3 medium collar(key bone) fracture with displacement; a 1/3 proximal fracture on the right col humeral articulation with displacement. The injuries suffered by the child require 35 days of medical care if no complications occur.
On the mall’s website, the playground is described as „a space created especially for children between the ages of 1 and 12”, a place where „the planning and the equipment [...] are special”. More than that, the fact that these children can play „in full safety, under direct surveillance of a staff especially qualified for this purpose” is also mentioned.
The legal representatives of the minor F.L. file a penal complaint against SC KP SRL and their employees.
The European Protection of Human Rights Case
Julieta Codoban, aged 17 at the time when the events took place, was an 11th grade high school student in Cluj-Napoca. Her teacher of Romanian Literature was Romeo Tarcău, aged 56 at the time. Outside her normal school program, JC had 2 hours a week of tutoring with RT, in order to pass the Baccalaureate exam which would’ve been the following year.
On this occasion a love story began between the two, which went on for a few months in secret. The story was made public when RT, who had been divorced for about 5 years, went to JC’s parents’ house to ask them for their daughter’s hand.
The two parents immediately refused to give their consent for the marriage and forbid the girl to go out with the teacher. The parents immediately filed a complaint to the school’s principal and the school inspector, along with a request to transfer JC to another school in the city. Until the papers and procedures, which took 10 days to complete, JC was forbidden by the parents to go to school, and the parents went to a psychiatrist from a public clinic for advice. The psychiatrist advised the parents to lock her in a room and monitor her, as she might commit suicide.
In the course of the fourth day from the moment she was locked into her room, JC jumped out the window, from the second floor, suffering multiple fractures, but the doctors were able to save her life. After treating her injuries, JC didn’t remain with any physical consequences, but she was still mentally affected, suffering from neurosis. A penal investigation was started, and the conclusion was not to start a criminal prosecution, on the motive that none of the terms were met, neither for determination of suicide or physical harm by fault, because the subjective side of the two crimes was missing.
In the mean time, after mediating the situation, against RT a criminal prosecution was started for having sexual relations with a minor. Afterwards, he was sentenced to two years of suspended prison and the loss of parental rights and the right to being a tutor for five years, based on article 198 Penal Code.
Juliet Cordoban filed, in the term of 6 months provided by art. 35 of the Convention, a complaint for violating art. 2, 8 and 12 of the Convention, while Romeo Tarcău referred to the violation of art. 8 and 12 of the Convention.
