LEGISLATION ON DOMESTIC VIOLENCE in the Czech Republic

LEGISLATION ON DOMESTIC VIOLENCELEGISLATION ON DOMESTIC VIOLENCEin the Czech Republicin the Czech Republic

Brno, 22.04.2023

1.1. First impulses towards anti-DV lawFirst impulses towards anti-DV law

2.2. Criminal lawCriminal law

3.3. Protective lawProtective law

4.4. Law regulating social servicesLaw regulating social services

5.5. Internal police lawInternal police law

6.6. Problems we are still facingProblems we are still facing

7.7. Specific situation in South MoraviaSpecific situation in South Moravia

Legislation on DV

mjr. Mgr. Vladimir Vedra Police of the Czech Republic 2

1. First impulses towards1. First impulses towardsanti-DV lawanti-DV law

• First efforts from NGO´sFirst efforts from NGO´so White Circle of Safety – 50% of clients are DV victimsWhite Circle of Safety – 50% of clients are DV victimso Alliance against DV (2002)Alliance against DV (2002) – Expert Group to prepare – Expert Group to prepare

anti-DV law proposal (2004)anti-DV law proposal (2004)

• Multi-agency group co-ordinated by Crime-Multi-agency group co-ordinated by Crime-prevention Dpt. of Home Officeprevention Dpt. of Home Office

• 2004 – government decree no. 794/2004 on 2004 – government decree no. 794/2004 on multidisciplinary approach to DVmultidisciplinary approach to DV

mjr. Mgr. Vladimir Vedramjr. Mgr. Vladimir Vedra Police of the Czech RepublicPolice of the Czech Republic

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TheThe first legislative step first legislative step towards protection of victimstowards protection of victims::

1. 6.1. 6. 2004 2004 - - the amendment of Criminal Code the amendment of Criminal Code

New provision New provision § 215a § 215a (in 2010 transformed(in 2010 transformedto new Criminal Code no. 40/2010 as § 199)to new Criminal Code no. 40/2010 as § 199)

„„MaltreatmentMaltreatment of a person living of a person living

in in sharedshared apartment or house apartment or house““

2. Criminal law2. Criminal law

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FFocus on domestic violenceocus on domestic violence as specific as specific crimecrime permission permission of the victim with the of the victim with the

prosecution of the perpetrator prosecution of the perpetrator is is not necessary not necessary any moreany more

PenaltyPenaltyo basic – up to basic – up to 33 years yearso higher (maltreatment lasts longer higher (maltreatment lasts longer

period or more brutal) – up to period or more brutal) – up to 88 years years

2. Criminal law2. Criminal law

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3. Protective law3. Protective law

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1. 1. 2007 - Act of protection against DV1. 1. 2007 - Act of protection against DV

• protective measuresprotective measures according to theaccording to the austrian model austrian modelo barring ordersbarring orders (police) – expulsion of the perpetrator for 10 days (police) – expulsion of the perpetrator for 10 dayso restrainingrestraining ordersorders (civil courts) – expulsion up to 1 year, restraint (civil courts) – expulsion up to 1 year, restraint

from any contactfrom any contact

• 3 institutional pillars:3 institutional pillars:o police police (issuing of baring orders)(issuing of baring orders)o civil courts civil courts (issuing of restraining orders)(issuing of restraining orders)o Intervention centres Intervention centres (help for victims)(help for victims)

• serious or repeated ignorance of the orders is crimeserious or repeated ignorance of the orders is crime

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• 1. 1. 2009 – new Police Act1. 1. 2009 – new Police Acto Eviction less formal act - faster processEviction less formal act - faster process

• 15 Intervention centres 15 Intervention centres formed formed o mostly transformed from NGO mostly transformed from NGO

already helping victimsalready helping victims

• police officers in the field undertook apolice officers in the field undertook a trainingtrainingo focused on police officers on the basic levelfocused on police officers on the basic levelo extent and quality may vary (depending on the extent and quality may vary (depending on the

approach of each police chief)approach of each police chief)

• DV became aDV became a part of part of basicbasic policepolice trainingtraining for recruitsfor recruits

Experience with the new lawExperience with the new law

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Police enters the household

IC + court+ child care is informed

Max. 48 hours

Police eviction starts

1. day 2. 3. 4. 5. 6. 7. 8. 9. 10.

max. 24hours

00:00 24:00

min. 1x police controll

Petition for preliminary court decision (barring

order)

End of eviction

Court decision (barring order)

a) Barring order issued – eviction

continues

b) Petiton dismissed, END of eviction

EVICTION CHARTEVICTION CHART

Key: police action

IC action

victim action

civil court action

Up to 48 hours

Announcement of the eviction

Perpetrator leaves the household

immediately after collecting his

basic belongings

3 days for perpetrator to state his objections

IC is obliged to contact the victim and offer help including legal help

24:00

Up to 3 days

Up to 3 days

Perpetrator can ask to pick up his belongings necessary for his job (with police assistance)

Statistics of police evictionStatistics of police eviction

862

679778 723

1430

0

200

400

600

800

1000

1200

1400

1600

2007 2008 2009 2010 2011


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4. LAW REGULATING SOCIAL SERVICES

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Act. No. 108/2006 of Social ServicesAct. No. 108/2006 of Social Services

• Covers services of NGO such asCovers services of NGO such aso Intervention centIntervention centeersrso Other social and legal counseling for victimsOther social and legal counseling for victimso Shelter housesShelter houseso Crisis centers etc.Crisis centers etc.

• SystSysteem of quality control m of quality control • SystSysteem of m of funding (grants)funding (grants)• Registry of social services providersRegistry of social services providers

mjr. Mgr. Vladimir Vedramjr. Mgr. Vladimir Vedra Police of the Czech Police of the Czech RepublicRepublic

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5. Internal police law5. Internal police law

20042004 – first police guidelines (for criminal – first police guidelines (for criminal police)police)

20072007 – internal police law (how to detect DV – internal police law (how to detect DV and how to perform eviction)and how to perform eviction)

2007-20122007-2012 - about 5 legal explanatory - about 5 legal explanatory attitudes towards DV issued by attitudes towards DV issued by Home OfficeHome Office


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6. PROBLEMSWE ARE STILL FACING

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Problems we are still facingProblems we are still facing

3 deadly sins of police officer3 deadly sins of police officer

1.1. PridePride (underestimation)(underestimation)

2.2. LazinessLaziness

3.3. FearFear


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Problems we are facing - policeProblems we are facing - police

The necessity to consider domestic violence as a processdomestic violence as a process, not just a particular incident police officers usualy solve particular unconnected

incidents (theft, robbery, violence between unrelated persons)

the need to have sufficient records about previous history of a relationship and to ask about the history of violence

Depreciation of the importanceDepreciation of the importance of violence between related persons from the sight of police officers, effort from police officers to solve the incidents on the

spot by so called „mediation“

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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)

Problems we are facing - policeProblems we are facing - police

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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.

Problems we are facingProblems we are facing

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System of NGO funding Structure of funding – usualy 1 year projects only

o ESF fundso Grants from following sources

o Ministry of Labour and Social Affairs / Regions / Townhalls

o Donationso Incomes from own activities

only short-term projects – uncertain existence

Problems we are facingProblems we are facing

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7. SPECIFIC SITUATION IN THE

SOUTH MORAVIAN REGION

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Specific features of South Specific features of South Moravian RegionMoravian Region• Shelter house with secret addressShelter house with secret address

• Local program for DV perpetratorsLocal program for DV perpetrators

• Multidisciplinary approach started Multidisciplinary approach started already already beforebefore 2007 2007 - - open environmentopen environment

• Emphasis of police forces to the matterEmphasis of police forces to the matter of of DVDV (projects, education, leaflets etc.) (projects, education, leaflets etc.)


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Thank you for your attentionThank you for your attention

• Questions ?Questions ?

• ContactsContactso mjr. Mgr. Vladimír Vedramjr. Mgr. Vladimír Vedrao e-mail: [email protected]: [email protected] tel.: (+420) 974 621 260tel.: (+420) 974 621 260

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LEGISLATION ON DOMESTIC VIOLENCE in the Czech Republic