Regional conference on domestic violence legal reform 12.-14. 2. 2008, Sofia Police of the Czech...

Regional conferenceRegional conference

on domestic violence legal reformon domestic violence legal reform

12.-14. 2. 2008, Sofia12.-14. 2. 2008, Sofia

Police of the Czech RepublicPolice of the Czech RepublicBrno HeadquartersBrno Headquarters

Focused points of presentationFocused points of presentation

1. Legislation in the field of DV1. Legislation in the field of DV

2. One year of the new law in Czech2. One year of the new law in Czech

3. Good praxis3. Good praxis



A. CRIMINAL LEGISLATION – since 1. 6. 2004A. CRIMINAL LEGISLATION – since 1. 6. 2004- provision 215a in the Criminal codeprovision 215a in the Criminal code „Maltreatment of the person living in „Maltreatment of the person living in shared household“ shared household“

B. BARRING ORDERS - since 1. 1. 2007B. BARRING ORDERS - since 1. 1. 2007- preventive measure (no criminalisation needed)- preventive measure (no criminalisation needed)- police barring orders (10 days) – administrative masure- police barring orders (10 days) – administrative masure- civil court barring orders (up to 1 year)- civil court barring orders (up to 1 year)


A. Criminal legislationA. Criminal legislation

1. 6. 2004 – new1. 6. 2004 – new provision in the Criminal codeprovision in the Criminal code § 215a - „§ 215a - „Maltreatment of the person living in Maltreatment of the person living in

shared householdshared household““

Permision of the victim with the Permision of the victim with the procesution of the perpetrator procesution of the perpetrator is not necessary any moreis not necessary any more

PenaltyPenalty basic – up to 3 yearsbasic – up to 3 years higher (maltreatment for longer period higher (maltreatment for longer period

or brutal) – up to 8 yearsor brutal) – up to 8 years


A. Criminal legislationA. Criminal legislation

§ 215a – Maltreatment of person living in the shared § 215a – Maltreatment of person living in the shared householdhousehold

(1) Person maltreating other person living in the common (1) Person maltreating other person living in the common house or flat will be punished by the prison up to three house or flat will be punished by the prison up to three years.years.

(2) By the prison from two to eight years will be punished (2) By the prison from two to eight years will be punished perpetratorperpetratora) commiting such crime in very brutal way or to morea) commiting such crime in very brutal way or to more persons, orpersons, orb) commiting such crime for a longer period.b) commiting such crime for a longer period.


B. Barring ordersB. Barring orders Act of protection against DV - No. 135/2006Act of protection against DV - No. 135/2006

used the „Austrian model“used the „Austrian model“ amendment of 5 acts (Police Act, Civil Process Code, amendment of 5 acts (Police Act, Civil Process Code,

Criminal code…)Criminal code…) barring order is a tool of prevention (to issue the order is barring order is a tool of prevention (to issue the order is

no previous crime needed)no previous crime needed) order is issued by the police regardless of the permission order is issued by the police regardless of the permission

of the victim for 10 daysof the victim for 10 days


B. Barring ordersB. Barring ordersAct of protection against DV - No. 135/2006Act of protection against DV - No. 135/2006

civil court special preliminary decision – court can decide civil court special preliminary decision – court can decide after victim‘s proposal of securing her for period up to 1 after victim‘s proposal of securing her for period up to 1 year (perpetrator must leave the house/flat, no contact)year (perpetrator must leave the house/flat, no contact)

cooperation of police and intervention centres (victim cooperation of police and intervention centres (victim care, support of the interdisciplinary cooperation)care, support of the interdisciplinary cooperation)

control of adhering the order (at least 1x in the first 3 control of adhering the order (at least 1x in the first 3 days)days)

repeated or serious breaking of the order is criminal act repeated or serious breaking of the order is criminal act (penalty up to 6 months)(penalty up to 6 months)


2. One year of barring orders in Czech2. One year of barring orders in Czech


One year of barring ordersOne year of barring orders formed formed 15 Intervention centres15 Intervention centres (specialized helping (specialized helping

organizations for victims)organizations for victims) mostly transformation from NGO helping to victimsmostly transformation from NGO helping to victims

police officers in the field undertook apolice officers in the field undertook a training training focused on police officers on the basic levelfocused on police officers on the basic level extent and quality may vary (depending on the approach of extent and quality may vary (depending on the approach of

each police chief)each police chief)

DV became aDV became a part of basic police training part of basic police training for recruitsfor recruits


Barring orders - factsBarring orders - facts

in the year 2007 in the year 2007 862862 police barring orderspolice barring orders issued issued including 58 cases of repeated barring orders (7%)including 58 cases of repeated barring orders (7%) in 34 cases of all barring orders man were considered as in 34 cases of all barring orders man were considered as

victimsvictims

941 children941 children present in the household, where barring present in the household, where barring order were usedorder were used

in in 337337 cases cases appliedapplied the victim the victim for the courtfor the court preliminary barring preliminary barring orderorder

in 190 cases the court acquited their proposal (75%)in 190 cases the court acquited their proposal (75%)

most of the barring orders were issued on Sunday and most of the barring orders were issued on Sunday and MondayMonday


3. GOOD PRAXIS IN CZECH REP.3. GOOD PRAXIS IN CZECH REP.


3. GOOD PRAXIS3. GOOD PRAXIS specialization specialization of the police forces and state of the police forces and state

prosecution on DV casesprosecution on DV cases different different modelsmodels used in the Czech republic used in the Czech republic

Brno: special DV unit taking care of all police tasks Brno: special DV unit taking care of all police tasks concerning DVconcerning DV

Ostrava: each local station has 1 specialized officerOstrava: each local station has 1 specialized officer

in each police in each police regionregion there is one there is one responsible policeresponsible police officerofficer for DV area – taking care for: for DV area – taking care for:

DV activity coordinationDV activity coordination trainingstrainings passing judgement on appeals against all barring orders in the passing judgement on appeals against all barring orders in the

regionregion


3. 3. GOOD PRAXISGOOD PRAXIS special methodological guidelines for DVspecial methodological guidelines for DV intensive trainings with good trainers (!)intensive trainings with good trainers (!)

using of model situations recommendedusing of model situations recommended

multidisciplinary teams on city/district levelmultidisciplinary teams on city/district level cooperation of all local subjects, common projectcooperation of all local subjects, common project

individual co-operation of state institutions with individual co-operation of state institutions with NGO‘S (trainings, working with the victim and NGO‘S (trainings, working with the victim and perpetrator)perpetrator)


3. 3. GOOD PRAXISGOOD PRAXIS using the using the risk assesment tool (risk assesment tool (SARA DN used in Czech)SARA DN used in Czech)

15 risk factors (in 3 blocks of 5 factors)15 risk factors (in 3 blocks of 5 factors) factors conserning violence in the relationshipfactors conserning violence in the relationship factors conserning common violence of the perpetratorfactors conserning common violence of the perpetrator factors conserning the vulnerability of the victimfactors conserning the vulnerability of the victim

practical tools for police officers in the fieldpractical tools for police officers in the field instruction cardsinstruction cards

barring order step by stepbarring order step by step comming to the scene of DVcomming to the scene of DV

out-going office folderout-going office folder containing all needed documentation for containing all needed documentation for issuing the barring order, instruction cards and leaflets of helping issuing the barring order, instruction cards and leaflets of helping organisation in the regionorganisation in the region


Thank you for your attention…Thank you for your attention…

Lieutenant Mgr. Vladimír VedraBrno police Headquarters,Chief´s office

Contact info:Contact info:Address: Cejl 4/6, Brno, Czech RepublicAddress: Cejl 4/6, Brno, Czech Republictel. 974 625 836, fax 974 625 508,tel. 974 625 836, fax 974 625 508,e-mail: e-mail: [email protected]

[email protected]

Regional conference on domestic violence legal reform 12.-14. 2. 2008, Sofia Police of the Czech...

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