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LEGISLATION ON DOMESTIC VIOLENCE in the Czech Republic

LEGISLATION ON DOMESTIC VIOLENCE in the Czech Republic. Brno, 14. 8. 2014. Legislation on DV. First impulses towards anti -DV law Criminal law Protective law Law regulating social services Internal police law Problems we are still facing Specific situation in South Moravia.

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LEGISLATION ON DOMESTIC VIOLENCE in the Czech Republic

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  1. LEGISLATION ON DOMESTIC VIOLENCEin theCzechRepublic Brno, 14. 8. 2014

  2. Legislation on DV Firstimpulsestowardsanti-DV law Criminallaw Protectivelaw Lawregulatingsocialservices Internal police law Problemswe are stillfacing Specificsituation in SouthMoravia mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  3. 1. Firstimpulsestowardsanti-DV law • First efforts from NGO´s • White Circle of Safety – 50% of clients are DV victims • Alliance against DV (2002) – Expert Group to prepareanti-DV lawproposal (2004) • Multi-agency group co-ordinated by Crime-prevention Dpt. of Home Office • 2004 – government decree no. 794/2004 on multidisciplinary approach to DV mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  4. 2. Criminallaw • Thefirst legislative step towards protection of victims: • 1. 6. 2004 - the amendment of Criminal Code New provision§ 215a (in 2010 transformedto newCriminalCode no. 40/2010 as § 199) „Maltreatment of a person living in shared apartment or house“ mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  5. 2. Criminallaw • Focus on domestic violenceas specific crime • permissionofthevictimwiththeprosecutionoftheperpetratorisnot necessaryany more • Penalty • basic – up to 3years • higher (maltreatmentlastslongerperiod or more brutal) – up to 8years mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  6. 3. Protectivelaw mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  7. 1. 1. 2007 - Actofprotectionagainst DV • protectivemeasuresaccording to theaustrian model • barringorders (police) – expulsionoftheperpetratorfor 10 days • restrainingorders (civil courts) – expulsionup to 1 year, restraintfromanycontact • 3 institutionalpillars: • police (issuingofbaringorders) • civil courts(issuingofrestrainingorders) • Interventioncentres(help forvictims) • seriousorrepeated ignorance oftheordersiscrime mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  8. Experiencewiththenewlaw • 1. 1. 2009 – new Police Act • Evictionlessformalact - fasterprocess • 15 Interventioncentresformed • mostlytransformedfrom NGO alreadyhelpingvictims • police officers in thefieldundertook atraining • focused on police officers on the basic level • extentandqualitymay vary (depending on theapproachofeach police chief) • DV became a part ofbasicpolicetrainingforrecruits mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  9. EVICTION CHART Police enters the household Court decision (barring order) Announcement of the eviction Perpetrator leaves the household immediately after collecting his basic belongings Police eviction starts 24:00 00:00 24:00 Up to 48 hours Perpetrator can ask to pick up his belongings necessary for his job (with police assistance) End of eviction a) Barring order issued – eviction continues max. 24hours IC + court+ child care is informed Petition for preliminary court decision (barring order) Up to 3 days min. 1x police controll Up to 3 days 3 days for perpetrator to state his objections b) Petiton dismissed, END of eviction Max. 48 hours Key: police action IC action victim action civil court action IC is obliged to contact the victim and offer help including legal help

  10. Statisticsof police eviction mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  11. 4. LAW REGULATING SOCIAL SERVICES mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  12. Act. No. 108/2006 ofSocialServices • Covers services of NGO such as • Intervention centers • Other social and legal counseling for victims • Shelter houses • Crisis centers etc. • System of quality control • System of funding (grants) • Registry ofsocialservicesproviders mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  13. 5. Internal police law 2004 – first police guidelines (forcriminal police) 2007 – internal police law (how to detect DV andhow to performeviction) 2007-2012 - about 5 legalexplanatoryattitudestowards DV issued by Home Office mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  14. 6. PROBLEMS WE ARE STILL FACING mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  15. Problemswe are stillfacing 3 deadlysinsof police officer • Pride(underestimation) • Laziness • Fear mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  16. Problemswe are facing - police • The necessity to consider domestic violence as a process, not just a particular incident • police officersusualysolve particular unconnected incidents(theft, robbery, violence between unrelated persons) • the need to have sufficient records about previous history of a relationshipand to askaboutthehistoryofviolence • Depreciation of the importance of violence between related persons from the sight of police officers, • effort from police officers to solve the incidentson the spot by so called „mediation“ mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  17. Problemswe are facing - police • The frustration of the police officers due to inability to efficiently help the victim, unless he/she him/herself attempts (repeated interventions leads the police officers to the opinion, that the effort to help is ineffectual). • Prejudice of the police officers (myths) • There are myths about domestic violence, which occures out the society including the police, which may impact the willingness to deal with the particular cases (example: myth of domestic violence as private matter between relatives) mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  18. Problemswe are facing • Attention towards the matter of DV • In 2007 – country-wide awarness campaigns (focus of the media) • Afterwards attention gradually decreased • Non-existence of resources for the perpetrators of domestic violence in the whole republic. mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  19. Problemswe are facing • System of NGO funding • Structure of funding – usualy 1 year projects only • ESF funds • Grants from following sources • Ministry of Labour and Social Affairs / Regions / Townhalls • Donations • Incomes from own activities • only short-term projects – uncertain existence mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  20. 7. SPECIFIC SITUATION IN THE SOUTH MORAVIAN REGION mjr. Mgr. Vladimir Vedra Police oftheCzechRepublic

  21. SpecificfeaturesofSouthMoravian Region Shelter house with secret address Local program for DV perpetrators Multidisciplinary approach started alreadybefore 2007 - open environment Emphasis of police forces to the matterof DV (projects, education, leafletsetc.) mjr. Mgr. Vladimir Vedra Police of the Czech Republic

  22. Thankyouforyourattention • Questions ? • Contacts • mjr. Mgr. Vladimír Vedra • e-mail: vlada.vedra@email.cz • tel.: (+420) 974 621 260

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