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Regional conference on domestic violence legal reform 12.-14. 2. 2008, Sofia

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Regional conference on domestic violence legal reform 12.-14. 2. 2008, Sofia. Police of the Czech Republic. Brno Headquarters. Police of the Czech Republic Brno Headquarters. Focused points of presentation 1. Legislation in the field of DV 2. One year of the new law in Czech

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Presentation Transcript
slide1
Regional conference

on domestic violence legal reform

12.-14. 2. 2008, Sofia

Police of the Czech Republic

Brno Headquarters

slide2
Police of the Czech RepublicBrno Headquarters

Focused points of presentation

1. Legislation in the field of DV

2. One year of the new law in Czech

3. Good praxis

slide3
Police of the Czech RepublicBrno Headquarters

1. Legislation in the field of DV

slide4
Police of the Czech RepublicBrno Headquarters

1. Legislation in the field of DV

A. CRIMINAL LEGISLATION – since 1. 6. 2004

- provision 215a in the Criminal code „Maltreatment of the person living in shared household“

B. BARRING ORDERS - since 1. 1. 2007

- preventive measure (no criminalisation needed)

- police barring orders (10 days) – administrative masure

- civil court barring orders (up to 1 year)

slide5
Police of the Czech RepublicBrno Headquarters

A. Criminal legislation

  • 1. 6. 2004 – newprovision in the Criminal code
    • § 215a - „Maltreatment of the person living in shared household“
  • Permision of the victim with the procesution of the perpetrator is not necessary any more
  • Penalty
    • basic – up to 3 years
    • higher (maltreatment for longer period or brutal) – up to 8 years
slide6
Police of the Czech RepublicBrno Headquarters

A. Criminal legislation

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

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

(2) By the prison from two to eight years will be punished perpetrator

a) commiting such crime in very brutal way or to more

persons, or

b) commiting such crime for a longer period.

slide7
Police of the Czech RepublicBrno Headquarters

B. Barring orders

  • Act of protection against DV - No. 135/2006
    • used the „Austrian model“
    • amendment of 5 acts (Police Act, Civil Process Code, Criminal code…)
    • barring order is a tool of prevention (to issue the order is no previous crime needed)
    • order is issued by the police regardless of the permission of the victim for 10 days
slide8
Police of the Czech RepublicBrno Headquarters

B. Barring orders

  • Act of protection against DV - No. 135/2006
    • civil court special preliminary decision – court can decide after victim‘s proposal of securing her for period up to 1 year (perpetrator must leave the house/flat, no contact)
    • cooperation of police and intervention centres (victim care, support of the interdisciplinary cooperation)
    • control of adhering the order (at least 1x in the first 3 days)
    • repeated or serious breaking of the order is criminal act (penalty up to 6 months)
slide9
Police of the Czech RepublicBrno Headquarters

2. One year of barring orders in Czech

slide10
Police of the Czech RepublicBrno Headquarters

One year of barring orders

  • formed 15 Intervention centres (specialized helping organizations for victims)
    • mostly transformation from NGO helping to victims
  • police officers in the field undertook a training
    • focused on police officers on the basic level
    • extent and quality may vary (depending on the approach of each police chief)
  • DV became a part of basic police training for recruits
slide11
Police of the Czech RepublicBrno Headquarters

Barring orders - facts

  • in the year 2007 862police barring orders issued
    • including 58 cases of repeated barring orders (7%)
    • in 34 cases of all barring orders man were considered as victims
  • 941 children present in the household, where barring order were used
  • in 337 cases applied the victim for the court preliminary barring order
    • in 190 cases the court acquited their proposal (75%)
  • most of the barring orders were issued on Sunday and Monday
slide13
Police of the Czech RepublicBrno Headquarters

3. GOOD PRAXIS

  • specialization of the police forces and state prosecution on DV cases
    • different models used in the Czech republic
      • Brno: special DV unit taking care of all police tasks concerning DV
      • Ostrava: each local station has 1 specialized officer
  • in each police region there is one responsible policeofficer for DV area – taking care for:
    • DV activity coordination
    • trainings
    • passing judgement on appeals against all barring orders in the region
slide14
Police of the Czech RepublicBrno Headquarters

3. GOOD PRAXIS

  • special methodological guidelines for DV
  • intensive trainings with good trainers (!)
    • using of model situations recommended
  • multidisciplinary teams on city/district level
    • cooperation of all local subjects, common project
  • individual co-operation of state institutions with NGO‘S (trainings, working with the victim and perpetrator)
slide15
Police of the Czech RepublicBrno Headquarters

3. GOOD PRAXIS

  • using the risk assesment tool (SARA DN used in Czech)
    • 15 risk factors (in 3 blocks of 5 factors)
      • factors conserning violence in the relationship
      • factors conserning common violence of the perpetrator
      • factors conserning the vulnerability of the victim
  • practical tools for police officers in the field
    • instruction cards
      • barring order step by step
      • comming to the scene of DV
    • out-going office folder containing all needed documentation for issuing the barring order, instruction cards and leaflets of helping organisation in the region
thank you for your attention
Thank you for your attention…
  • Lieutenant Mgr. Vladimír Vedra

Brno police Headquarters,Chief´s office

Contact info:

Address: Cejl 4/6, Brno, Czech Republictel. 974 625 836, fax 974 625 508,

e-mail: [email protected]

[email protected]

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