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Domestic Violence Police Team in Brno

EUROPE AGAINST DOMESTIC VIOLENCE. Domestic Violence Police Team in Brno. Brno 3 .–6 . 6. 2012. 1st LT Mgr. Bc. Alena SKOUMALOVÁ. Specific features of police work in relation to DV. Need to follow history of DV (centralized)

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Domestic Violence Police Team in Brno

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  1. EUROPE AGAINST DOMESTIC VIOLENCE DomesticViolence Police Team in Brno Brno 3.–6. 6. 2012 1st LT Mgr. Bc. Alena SKOUMALOVÁ

  2. Specificfeaturesof police work in relation to DV • Need to follow history of DV (centralized) • Different communication pattert towards victims and perpetrators • Knowledge of DV, risk of secondary victimization • Time-consuming job (interviewing victims, local investigation of higher quality) • Need to do as much operation in short time as possible • Specific crime law procedures (witnesses, expert witnesses)

  3. Reasonsforestablishingof DV Police Team • Improving approach towards DV • Better personal and local knowledge in specific area of crime • Profesionalization of police officers • Improving cooperation possibilities (for whole city) • Joining Interdisciplinary Team • Direct cooperation with all institutions working with DV in the city

  4. Historyof DV Police Team development Created: 1. 4. 2005 Permanent part oforganization1. 7. 2007(as 2nd unit ofCommoncrime DPT.) Changingplace in organization1. 1. 2009(part of 4th unit ofCommoncrime DPT.)

  5. Currentpersonalsituation • Personal • 8 men • 3 woman • 1 officer in charge (woman) • 1 assistant (civil emploee) • Shifts • 6:00-22:00 – operational shift (accepting complaints, comming to the scene if called etc.) • 7:00-15:00 – „file“ shift (working on cases) • 22:00-6:00 – on phone (possible to be called to the scene)

  6. Agenda Comming to the scene Preliminary investigation Criminal investigation • Responsibility for DV cases in whole city includes • Consultations with citizens (victims, their friends etc.) and police officers • Findings (records) with possible furhter inquiries • Minor offences • Crimes – mostly § 199 • All evictions

  7. Results in numbers

  8. Tasks • Since 1. 1. 2010 augmented of stalking cases • Reasons: • 50% of cases = ex-partner stalking(previous DV history in relationship) • New crime for police • Difficult to prove vs. low punishment • Possible dangerousness for victims

  9. EUROPE AGAINST DOMESTIC VIOLENCE Minoroffencescasesandexpulsion in praxis Brno 3.–6. 6. 2012 LT. Bc. Andrea KORNETOVÁ

  10. Most frequentminoroffences in DV cases • Most common • Against civic coexistence § 49 sec 1 par. a) or c) Act No. 200/1990 of Minor Offences (such as invectives, rude and derogatory behaviour and minor frays) • Possible also • Against property § 50 Act No. 200/1990 Sb. (if partners are married – necessity to find out who is the owner, extent of common property) • § 68 – case can be tried only on proposal of the victim (impending sanctions: reprehention, financial sanction, banning of particular activity)

  11. Criteria of distinction between crime and minor offence • Criteria: • Intensity of violence (how serious attacs are) • Frequency and length of time(perpetrator must act steadily and repeatedly) • Relation between crime criteria • Inverse proportionality (even short time of serious violence is sufficient to cross the line of crime vs. less serious violence lasting long enought can be prosecuted)

  12. Clearing upofminoroffences • According to Act No. 200/1990 and internal police guidelinesnecessary inquiry about the identity of the perpetrator and whether this person is suspected to commit a crime • Possibility of prevention in minor offences cases suitable also to ask for statement of suspected persons with possible explenation what the consequences might be in the future if DV does not stop • Evidence gathered search of premises suitable, photodocumentation, medical reports, weapons etc.

  13. DV isongoing • In minor offences cases – only single attacs • (or minor attacs in short time) • In these cases is necessary to find out about relation history to rule out or confirm crime) • Centralization under one police unit is practical with jurisdiction for the area of whole city – knowledge of families affected by DV • Prevention of DV repentance

  14. Evidence in DV cases • What evidence is usually used in cases of minor offences: • Interview report of • Persons living in the household • neighbours • Family, friends • Teachers, medical staff, social workers (only in exceptional cases) • Medical documentation • Search of premisess and photodocumentation

  15. EUROPE AGAINST DOMESTIC VIOLENCE EVICTION in praxis Brno 3.–6. 6. 2012 LT. Bc. Andrea KORNETOVÁ

  16. Eviction in praxis According to the Police Act eviction is: • preventive measure • from the household and its vicinity • for the period of 10 days • legal conditions must be fulfilled: the police officer comes to the conclusion that with respect to previous attacks there is reasonable belief a person will commit dangerous attact against live, health or freedom or very serious attack against human dignity

  17. Eviction Procedureof Police officerattheplaceof incident • AcknowledegmentofevictionIfthere are anyobjections, they are to bewrittendown in theacknowledgement • Instructionsforvictim / perpetrator • Victimisgivencontact to supportingorganisations • Perpetrator • Isgiven list ofaccomodationfacilities • musthandoverallkeys to the house hold given • Isallowed to pickup his belongingneccessaryfor 10 days

  18. Eviction Procedure of Police officer after eviction is finished Within 24 hours since entry of the household „Official report of eviction” must be written down and sent to • Intervention centre • District court • Children Social-Care Authority (if child living in the household) In 3 days after eviction control must be performed to check whether the perpetrator abides the eviction rules - If broken, perpetrator is accountable for: • Minor offence • Crime (if violated repeatedly or seriously)

  19. EUROPE AGAINST DOMESTIC VIOLENCE Stalkingcriminalproceedings Brno 3.–6. 6. 2012 LT. Mgr. Andrea KORNETOVÁ

  20. Provision in Penal Code § 354/1 Who persecutes other person in following ways • Threatens by bodily or otherkindof harm, • Haunts personal proximity of the person or pursues her, • Perseveringly contacts her by means of electronic communication, in writing or in other way, • Hampers her in usual way of life or • Makes ill use of personal data in order to gain personal or other contact, andby this behavior is capableto rise reasonable fear for life or health, will be punished by imprisonment up to 1 year or prohibition of activity.

  21. Provision of Penal Code § 354/2 By imprisonment from 6 months up to 3 years will be punished perpetrator who commits this crime • Against a child or pregnant woman, • Using a weapon, • At least with other two persons.

  22. Criteria of crime distinction • Necessary to determine • breaking point - when the activity is already against the law – clear message • Level of risk - when the perpetrator is already dangerous • Examples of crime frontier • Repetance = more than 8-10 contact attempts • Lasting period = period of at least 4 - 6 weeks

  23. Relation between intensity and time • The more dangerous the behavior of perpetrator is, the shorter period is sufficient to fulfill this crime • Neccesary assess every case individually according to: • Seriousness of behavior • Impact of the behavior on the victim

  24. Police procedure against the perpetrator • Swift and fierce if possible • Gathering of evidence against the perpetrator • Police officer contacts the perpetrator with aim to perform goal directed interview (information and clear message) • Goal: to gain important information about level of dangerousness of the perpetrator + official and clear prompt to end his behavior)

  25. Police procedure Using legal options according to the criminal procedure Often summary procedure performed – case goes very swiftly to the court If there are reasonable doubts of the mental health of the perpetrator, usually expert witness is asked to give his opinion – investigation takes longer

  26. CASE STUDY

  27. Questions? • Contacts: • LT. Bc. Andrea Kornetová • tel. (974) 625 529 • e-mail (internet): bmdnasil@mvcr.cz

  28. EUROPE AGAINST DOMESTIC VIOLENCE Criminal proceedingsin cases of DV Brno 3.–6. 6. 2012 LT. Mgr. Jaromír Pluskal

  29. Crime of DV in Penal Code • §199 Maltreatment of a person living in a sharad household • Who maltreats close person or other person living in the shared househodl will be punished by imprisonment from 6 months up to 4 years. → crime • By prison from 2 up to 8 years will be punished perpetrator who • Commits this crime in very cruel or tormentous way, • Causes serious bodily harm, • Commits this crime on at least 2 persons or • Commits such crime for longer period of time. • → felony – obligatory legal help of barrister

  30. Crime of DV in Penal Code • §199 Maltreatment of a person living in a sharad household • (3) By imprisonment from 5 up to 12 years will be sentenced perpetrator who will cause • serious bodily harm to at least 2 persons or • death • → extra serious felony • There is no assent of victim necessary for prosecution • It is possible to be sentenced for this crime together with other crimes as well • Misprision of treason is not prosecutable

  31. Police procedure in DV cases • How does the police find out about DV • announcement of the victim, institution, witness, own findings etc. • When is DV announced? • at the time of incident of soon after when the violence in unbearable or everts from usual boundaries • First operation of police officers: • stopping of further violence • ensuring medical help • providing with necessary information • preserving of crime zone • contacting of specialists from DV unit

  32. Police procedure in DV cases • Memberof DV Police Unit • 1. evaluatesthebehaviour as • a) not police matter • b) minoroffence • c) crime • 2. Givesorders to patrol police officers (to arrest, to preserveplaceofcrime, to writedown report abouttheinitialfindings) • 3. Collects evidence on the spot (searchofpremises, safeguardof a proof, photodocumentationetc.

  33. Police procedure in DV cases • If there is suspicion of a crime police will • Accept crime report and will write down protocol with announcer • Write down report for prosecutor (start of criminal proceedings)  it is possible to use rights of police in criminal proceedings • Carries out other operations such as finding of witnessess and documents their statements

  34. Police procedure in DV cases • Otherstepsof police in criminalproceedings: • Interrogationofsuspect (withorwithoutbarrister) • Collectingfurther evidence (such as medicalreports, expert witness report aboutinjuries, report fromthevicinity, crimerecords, reportsfromotherinstitutions) • Ifthereisreason to belivecrimewascommitedandsuspectisguilty, investigationstartsand „suspect“ becomes „accused“

  35. Police procedure in DV cases • Accusedperson may: • use its rights – for example to defend (to suggest evidence, inspect the file, refuse to give his statement, to choose barrister, be present at acts and operations if possible) • be arrested or taken into custody

  36. Police procedure in DV cases • Ending of investigation • If the evidence is strong enough to file charge against the accused person • This person and its barrister have right to inspect the file and suggest supplement of investigation • Police will submit the case to the state prosecutor with proposal to charge accused person or with proposal to stop the investigation • Charge is filed to the court by the state prosecutor

  37. CASE STUDY • Announcer lives with her husband and 2 infant sons in house, she claims to be maltreated together with both children for many years both physicaly and psychicaly • Police arrested suspect, eviction and custody followed, suspect denied any maltreatment of his family whatsoever • Expert witness was asked to give his oppinion • State prosecutor charged the person with possible penalty between 2 and 8 years of prison • Husband was sentenced, after he had taken appeal of procedure is now running

  38. Furtherinformationwww.bkb.czwww.donalinka.czwww.charitabrno.czwww.llp.czwww.magdalenium.czwww.rosa-os.czwww.spondea.czwww.persefona.czwww.domacinasili.infowww.stopnasili.czFurtherinformationwww.bkb.czwww.donalinka.czwww.charitabrno.czwww.llp.czwww.magdalenium.czwww.rosa-os.czwww.spondea.czwww.persefona.czwww.domacinasili.infowww.stopnasili.cz

  39. Questions? • Contacts: • LT. Mgr. Jaroslav PLUSKAL • tel. (974) 625 533 • e-mail (internet): bmdnasil@mvcr.cz

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