Domestic ViolenceDomestic ViolenceCriminal Legislation and Criminal Legislation and

Practice in SerbiaPractice in Serbia

by Diana Miladinovicby Diana Miladinovic

CriminalCriminal legislationlegislation

There is no particular law on domestic There is no particular law on domestic violence in Serbia. Domestic violence is violence in Serbia. Domestic violence is both incriminated in Serbian Criminal both incriminated in Serbian Criminal Code and Family Law. Code and Family Law.

CriminalCriminal LegislationLegislation

In 2002, the Serbian Criminal Code was In 2002, the Serbian Criminal Code was amended and for the first time specifically amended and for the first time specifically mentions domestic violence as a criminal mentions domestic violence as a criminal offence. Under this article the state offence. Under this article the state prosecutor acts prosecutor acts ex officioex officio representing representing victim’s rights and interests in court.victim’s rights and interests in court.

CriminalCriminal LegislationLegislation

After 2004, there is a backward tendency in legal After 2004, there is a backward tendency in legal regulation of penal policy for domestic violence . regulation of penal policy for domestic violence . The new Criminal Code in 2005 diminished The new Criminal Code in 2005 diminished penalties for criminal offence of domestic violence. penalties for criminal offence of domestic violence. Comparing to the Law from 2002, earlier, the Comparing to the Law from 2002, earlier, the maximum penalty for domestic violence was three maximum penalty for domestic violence was three years imprisonment for the basic criminal act, years imprisonment for the basic criminal act, today that is only one year imprisonment.today that is only one year imprisonment.

RecentRecent AWC’sAWC’s ResearchResearch

The recent survey on domestic violence The recent survey on domestic violence criminal act, conducted by Autonomous criminal act, conducted by Autonomous Women’s Center (AWC) and Women’s Women’s Center (AWC) and Women’s Research Center for Education and Research Center for Education and Communication from Nis included Communication from Nis included domestic violence cases in Belgrade and domestic violence cases in Belgrade and Nis within the period of time from January Nis within the period of time from January 2006 until May 2007 . 2006 until May 2007 .

RecentRecent AWC’sAWC’s ResearchResearch

According to this research, 92% of the According to this research, 92% of the offenders are men and 8% are women. offenders are men and 8% are women. Also, the majority of victims of domestic Also, the majority of victims of domestic violence are women. violence are women.

The violence mostly happens at home, The violence mostly happens at home, rarely in public space only 7% of domestic rarely in public space only 7% of domestic violence cases.violence cases.

RecentRecent AWC’sAWC’s ResearchResearch

The most prevalent acts of domestic The most prevalent acts of domestic violence are against female spouses. The violence are against female spouses. The children are the abusers in 15% of cases, children are the abusers in 15% of cases, and in 10% the parents are abusive and in 10% the parents are abusive towards their children.towards their children.

RecentRecent AWC’sAWC’s ResearchResearch

In the Serbian Criminal Code, it is not In the Serbian Criminal Code, it is not explicitly stated who is to be considered a explicitly stated who is to be considered a family member. However, a family family member. However, a family member is recognized as a spouse, former member is recognized as a spouse, former marital partners, his/her children, and marital partners, his/her children, and his/her parents.his/her parents.

RecentRecent AWC’sAWC’s ResearchResearch

Sanctions pronounced for criminal offence Sanctions pronounced for criminal offence of domestic violence indicate that there is of domestic violence indicate that there is a tendency to pronounce milder sanctions a tendency to pronounce milder sanctions – the majority of penalties are paroles and – the majority of penalties are paroles and fines.fines.