Legislative recommendations global

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Legislative recommendations global

  1. 1. HERA PROJECTLEGISLATIVE RECOMMENDATIONS 1 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  2. 2. TABLE OF CONTENTSSPAIN.................................................... Error: Reference source not found CONSELLERIA DE GOBERNACION, VALENCIA.....................Error: Reference source not found LEGISLATIVE MODIFICATION 1................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 2................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 3................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 4................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 5................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 6................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 7................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 8................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 9................................................ Error: Reference source not found LEGISLATIVE MODIFICATION 10.............................................. Error: Reference source not found LEGISLATIVE MODIFICATION 11.............................................. Error: Reference source not found LEGISLATIVE MODIFICATION 12.............................................. Error: Reference source not found NEW LEGISLATIVE PROPOSAL 1............................................. Error: Reference source not found NEW LEGISLATIVE PROPOSAL 2............................................. Error: Reference source not found NEW LEGISLATIVE PROPOSAL 3............................................. Error: Reference source not found NEW LEGISLATIVE PROPOSAL 4............................................. Error: Reference source not found NEW LEGISLATIVE PROPOSAL 5............................................. Error: Reference source not found 2 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  3. 3. SPAIN CONSELLERIA DE GOBERNACION, VALENCIA European level LEGISLATIVE MODIFICATION 1 National level Regional levelNAME OF THE LAW Article 106 of the Spanish Penal CodeSUBJECT Probation is regulated in Article 106 of the Spanish Penal Code, shall be imposed by the Court (in an optional or mandatory way), for compliance after the imprisonment, and its content would take the limitations, obligations, prohibitions or rules of conduct separately or together, concerning the protection of victims and the rehabilitation and social reintegration of offenders.ORIGINAL TEXT Article 106 : "The probation consist of the submission of the sentenced to judicial control by compliance with one or more of the following measures: a) The obligation to be always reachable on electronic devices that enable his continued monitoring. b) The regular reporting in place that the judge or court has set ... ". New paragraph to paragraph 2: "The judge or the court of Violence against Women, may impose in the sentence the probation measure, after the conviction for domestic violence."NEW TEXT Amend section 3 of the paragraph. "The judge or court for violence against women may modify the requirements and prohibitions imposed, reducing the duration of the probation or even putting an end to it in view of the positive outcome of reintegrationOBSERVATIONS After serving a prison sentence, or when it is replaced or suspended, the convicted for domestic violence is subject to control by professionals (tutors). A control that allows a dual purpose: to improve the safety of the victim and help the aggressor to reintegrate, avoiding violent behavior. The tutor (an officer) would be trained to deal with this kind of crimes and with studies in some of 3 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  4. 4. these areas: social work, criminology or psychology. In most European countries there is a special legislative measure for certain crimes, called "probation", which in the case of Spain, is applied to terrorist offenses and offenses against sexual freedom. It would be indented to extend this measure to gender violence crimes. European level LEGISLATIVE MODIFICATION 2 National level Regional levelNAME OF THE LAW Article 2 of Law 27/2003, of 31 July, regulating protection orders for victims of domestic violenceSUBJECT Add a new article 544 ter in the Criminal Procedure ActTEXT OF THE NEW «1. The judge will issue the protection order for domestic violence victims inARTICLE cases where exists a founded evidence of committing a crime or offense against life, physical integrity or moral, sexual freedom, liberty or security of any of the persons referred to in Article 153 of the Criminal Code be an objective situation of risk to the victim that requires the adoption of any measure of protection covered in this article ... "OBSERVATIONS Based on the article, to extend of the protection order for victims of gender violence, respecting the legislation of each country but trying to reach a common tool similar in all countries. European level LEGISLATIVE MODIFICATION 3 National level 4 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  5. 5. Regional levelNAME OF THE LAW Penal CodeSUBJECT New figure of harassment ("stalking") in gender violenceTEXT OF THE NEW It is proposed to incorporate a new figure in the Spanish Penal Code:ARTICLE 1.- Punish the carrying out of repeated (habitual) acts against any person, aimed at preventing the legitimate enjoyment of individual liberty. (he follows her, calls her constantly, gives her flowers, presents at her workplace ...). 2. Penalties shall be imposed in the upper half of the range when the harassment is perpetrated against a spouse or person who is or has been connected to, by a similar relationship. (Note: if the woman is being stalked, when protection order is still valid, the crime would be the of breach of the order more than the harassment. This figure is introduced, in general, for "obsessive" men that sometimes do not leave alone women they have never been in relationship with, but really cause them confusion, fear and lack of freedom. Also a special section for women who have been victims and the perpetrator after serving the measures, continues to harass her in order to return with her ... take this criminal offense into consideration allows women to rebuild their lives and not being preoccupied that he can call them ... 4. To evaluate the habitually referred to in the previous section, we will serve the number of acts that are accredited as well as temporal proximity thereof.OBSERVATIONS / European level LEGISLATIVE MODIFICATION 4 National level 5 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  6. 6. Regional levelNAME OF THE LAW Penal CodeSUBJECT Elimination of habitual behavior.ORIGINAL TEXT Article 173.2. Law 10/1995 of November 23, from the Penal CodeNEW TEXT Amend Article 173.2. Law 10/1995 of November 23, from the Penal Code: "Whoever (usually) exercises physical or psychological violence over who is or was a spouse or person who is or has been linked to him by one similar relationship even without cohabitation, .... "OBSERVATIONS The crimes of gender violence in emotional relationship, as well as other crimes of violence against women, specifically requiring criminalization and public offenses in their first episodes of violence, threats, coercion ... no need to give a habitual behavior. European level LEGISLATIVE MODIFICATION 5 National level Regional levelNAME OF THE LAW Organic Law 10/1995 of November 23, the Penal CodeSUBJECT Prohibition to approach and communicate in any case.ORIGINAL TEXT Article 48 Organic Law 10/1995 of November 23, the Penal CodeNEW TEXT Article 48 Organic Law 10/1995 of November 23, the Penal Code: "1. The deprivation of the right to reside in certain places or go there .... 2. The prohibition of approaching the victim .... 3. The prohibition of communication with the victim .... "to crimes of violence against women in emotional relationship, as well as other crimes of violence against women.OBSERVATIONS The sentence for these crimes, should always carry an implicit period of approaching and contacting prohibition, in any case, the duration of the measure will be determined by the severity of the offense. European level LEGISLATIVE MODIFICATION 6 National level 6 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  7. 7. Regional levelNAME OF THE LAW Criminal Procedure ActSUBJECT Knowledge of related causesORIGINAL TEXT Article 18 "1. Judges and courts are competent, in order, to hear the cases of related offenses ... "NEW TEXT Add a new paragraph to Article 18 of the Criminal Procedure Act, "1. Judges and courts are competent, in order, to hear cases of related offenses ... " NEW: "4. The Courts of Violence against Women are competent to hear cases of related offenses arising out of a process of gender violence. " Add a paragraph to Article 300 of the Criminal Procedure Act, "Every crime that is known by the judicial authority will be subject to a summary. Related offenses will be understood, however, in a single process. " NEW: "Related offenses that may arise as a result of the complaint and the process of violence, should be tried by the same court specialist".OBSERVATIONS European level LEGISLATIVE MODIFICATION 7 National level Regional levelNAME OF THE LAW Organic Law 10/1995, of 23 November, of the Penal Code:SUBJECT Mandatory rehabilitation programs for batterersORIGINAL TEXT Article 173.2 of the Organic Law 10/1995, of 23 November, of the Penal CodeNEW TEXT Article 173.2 of the Organic Law 10/1995, of 23 November, of the Penal Code: ".... Penalties shall be imposed in the upper half range when one or more of the acts of violence perpetrated in the presence of minors, or using weapons, or take place in the shared home or the home of the victim, or make breaking a penalty referred to in Article 48 of this Code or an injunction or prohibition or safety of the same nature. NEW: 173.3. "Also, and in addition to the penalties imposed, to the convicted for GV will be imposed the obligation to perform expertly designed programs for rehabilitation for abusers." NEW: "Related offenses that may arise as a result of the complaint and the process of violence, should be tried by the same court specialist".OBSERVATIONS The reeducation programs for batterers must be serious, structured and adequate duration. 7 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  8. 8. European level LEGISLATIVE MODIFICATION 8 National level Regional levelNAME OF THE LAW Organic Law 10/1995, of 23 November, of the Penal CodeSUBJECT Ensure legal securityORIGINAL TEXT Article 468 of the Organic Law 10/1995, of 23 November, of the Penal CodeNEW TEXT Add two new points to Article 468 of the Organic Law 10/1995, of 23 November, of the Penal Code: "1. Those who brake their sentence, security measure, prison, injunction, conduction or custody shall be punished ... "Thus, the two new paragraphs would be as follows: - "The victims consent, whether expressed or implied, should not entail criminal liability." - " It will be understood as a breach the mere notification of the obliged to comply with the sentence or detention."OBSERVATIONS European level LEGISLATIVE MODIFICATION 9 National level Regional levelNAME OF THE LAW Criminal Procedure ActSUBJECT Set as address for the current process of the victimORIGINAL TEXT Article 15 bis of the Criminal Procedure ActNEW TEXT Amendment of Article 15 bis of the Criminal Procedure Act: "In the case where some of the crimes or offenses whose instruction corresponds to the Judge of Violence against Women, the territorial jurisdiction shall be determined by the place of residence of the victim or in this case, the new home of the latter, without prejudice to the adoption of the protective order, or urgent measures related to article 13 of this Law, which the Judge of the place of the commission of the offense might takeOBSERVATIONS in procedural matters, considering the victims current address will determine the competent court, whether it is the previous or the new one, if it is the case. 8 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  9. 9. European level LEGISLATIVE MODIFICATION 10 National level Regional levelNAME OF THE LAW Criminal Procedure ActSUBJECT Incriminating Statements in the instruction phaseORIGINAL TEXT Article 416 of the Criminal Procedure ActNEW TEXT Add new paragraph to Article 416 of the Criminal Procedure Act, where it is stated that the people who are exempted from the obligation to declare: "1. Relatives of the accused in direct lines up and down, your spouse or related person, bonded by de facto relationship, analogous to marriage ... ". NEW 3. "In proceedings which have as their cause gender violence, if the women themselves were accepted the right not to testify, the statements made in the investigation stage of the case and that could be incriminating, will be taken into account when passing the sentence . "OBSERVATIONS This figure, related to the need in the Spanish criminal proceeding, to declare again in the trial, makes that many women, victims of gender violence, benefit from their right not to testify against their own assailant, because of fear, regret, forgiveness, ... all very common conditions in battered women. Statements to the police should be possible to be taken by audiovisual means and later use them in the courthouse as evidence. This would avoid having to subject the victim to numerous statements: in police, the court of instruction, oral during the trial .... which produces undoubtedly secondary victimization. European level LEGISLATIVE MODIFICATION 11 National level Regional levelNAME OF THE LAW Criminal Procedure ActSUBJECT Testimonials of the agents as incriminating evidenceORIGINAL TEXT Article 416 of the Criminal Procedure ActNEW TEXT Add new paragraph to Article 416 of the Criminal Procedure Act, quoted in the previous recommendation. NEW 4. "Also, in crimes of violence, when the woman invoking the right to 9 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  10. 10. remain silent, and if the judge appreciated that the police statement constitutes qualified witness evidence, because there is incriminating evidence and come to the conviction there has been committed an offense, may be estimated that the mentioned statement is an evidence for sentencing. "OBSERVATIONS European level LEGISLATIVE MODIFICATION 12 National level Regional levelNAME OF THE LAW Law 1/2000, of January 7, on Civil ProcedureSUBJECT Statement by the courts on civil matters.ORIGINAL TEXT Article 49.bis of Law 1/2000, of January 7, on Civil Procedure.NEW TEXTOBSERVATIONS The Courts of Violence on women should have the right to rule on civil matters related to the case, as the care and welfare of children. 10 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  11. 11. European level NEW LEGISLATIVE PROPOSAL 1 National level Regional levelNAME OF THE LAW Recently adopted draft legislation; Valencian Regional Ministry of Interior, comprehensive law against violence on women in the area of Valencia" (BOE No.. 86 of 27.06.12).SUBJECT Additional information and assistance to women.TEXT OF THE NEW Article XX. " Besides the Generalitat Network for Comprehensive SocialARTICLE Assistance to Victims of Violence against Women, the public authorities shall guarantee the existence of other general services for women care. These services provide information, advice and, where appropriate, accompanying women to facilitate the exercise of rights in all areas of their personal, family, social and work areas. "OBSERVATIONS European level NEW LEGISLATIVE PROPOSAL 2 National level Regional levelNAME OF THE LAW Draft legislation, Valencian Regional Ministry of Interior, comprehensive anti- violence against women in the area of Valencia" (BOE No.. 86 of 27.06.12).SUBJECT Training and awareness of judges and magistratesTEXT OF THE NEW Article XX: "The Government will promote agreements with relevantARTICLE government, professional associations, trade unions and business and, in particular, foster collaboration with the General Council of the Judiciary, the Attorney General, the Ministry of Justice and Ministry of Interior, to ensure 11 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  12. 12. specific training on violence against women for judges, magistrates and judges, as well as the security forces and the state. "OBSERVATIONS Any additional comments European level NEW LEGISLATIVE PROPOSAL 3 National level Regional levelNAME OF THE LAW Draft legislation, Valencian Regional Ministry of Interior, comprehensive anti- violence against women in the area of Valencia" (BOE No.. 86 of 27.06.12).SUBJECT Safety in handling court proceedings.TEXT OF THE NEW Article XX: "1. The Government will ensure that the court buildings, andARTICLE further those containing bodies specializing in violence against women, have facilities to avoid in any case, eye contact between victim and aggressor, or between them and the general public, and to provide security to the victim and avoid pressure or coercion on both herself and her family. 2. For this purpose, it will be encouraged the use of videoconferencing in the statements and in all legal proceedings in which the procedural laws allow. Moreover, foster such resolutions are convenient. 3. Furthermore, without prejudice to the use of other measures that can be applied, will provide safety to victims who are at a particular risk through the use of specific protection systems, based on technological means to enable location and immediate communication with emergency services or specialized care. "OBSERVATIONS 12 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  13. 13. European level National level NEW LEGISLATIVE PROPOSAL 4 Regional levelNAME OF THE LAW Draft legislation, Valencian Regional Ministry of Interior, comprehensive anti- violence against women in the area of Valencia" (BOE No.. 86 of 27.06.12).SUBJECT Advice and immediate legal aidTEXT OF THE NEW Article XX: "1. The victims of violence against women will be entitled to legalARTICLE aid under the terms established in the current legislation. 2. In cases of women victims of violence by those who are or have been their spouses or those who are or have been linked to them by similar affective relationships, even without cohabitation, legal assistance is immediate, without prejudice to if or if not recognized posteriori this right, have to pay the fees, in accordance with the current legislation on legal aid. In these cases, in computing the income of the victim does not take into account the family unit but only themselves. This right will be extended to the dependents of the victims in the case that they had died as a result of this violence. 3. Also, provide legal advice services information and expert legal advice to victims from the first police or judicial proceedings pending the proceedings, including the related execution. 4. The Government will sign agreements with the colleges of laywers´ associations of Valencia in order to establish legal advice services. These services, which will be located at the headquarters of all the courts, will work in coordination with the office of services for victims of crime in all cases where there is a victim of violence by those who are or have been their spouses or who are or have been linked to them by similar affective relationships, even without cohabitation, in order to provide immediate access to a lawyer on duty and the start of the dossier for application for legal aid. 13 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  14. 14. 5. Similarly, the Government will sign cooperation agreements with law schools and attorneys of Valencia to establish a specialized court representation in this matter legally attend to victims of such violence since the beginning of the process. "OBSERVATIONS European level NEW LEGISLATIVE PROPOSAL 5 National level Regional levelNAME OF THE LAW Draft legislation, Valencian Regional Ministry of Interior, comprehensive anti- violence against women in the area of Valencia" (BOE No.. 86 of 27.06.12).SUBJECT Analysis and permanent evaluationTEXT OF THE NEW Article XX: "The Valencian Institute of Public Safety and Emergency obtainARTICLE from the various local authorities for data analysis and ongoing evaluation for study and research in the area of Valencia, both the phenomenon of violence against women as formulas for continuous improvement of law enforcement. "OBSERVATIONS 14 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  15. 15. ROMANIA BRAŞOV LOCAL POLICE and SOCIAL SERVICES DEPARTMENT PROPOSALS: European level LEGISLATIVE MODIFICATION 1 x National level Regional levelNAME OF THE LAW Law no 25 / 2012 for amending and supplementing Law no. 217/2003 on prevention and control of family violence, published in the Official Gazette No. 165 of March 13, 2012, law entered into force in May, 2012. Among the most important innovations introduced by Law no. 25/2012, there are the following: order of protection, the victim of domestic violence having the possibility to request the court the issuance of such restraining order against the aggressor. The methodological norms for the enforcement of Law no 25 / 2012 are not ready yet.SUBJECT Forcing victims of domenstic violence, as well as the aggressors to participate in programs of psychological counseling, psychotherapy or appropriate psychiatric and detox treatments.ORIGINAL TEXT 11. Article 7 is modified and will have the following content Art. 7 : (1) local public administration authorities have the obligation to take the following specific measures: a) to include the issue of preventing and combating violence in the family in the strategies and programmes for regional development, County and local; b) to give logistic, informational and material support to the compartments with tasks in preventing and combating domestic violence; c) to establish, directly or in partnership, units for preventing and combating domestic violence and to support their functioning; d) to develop programmes to prevent and combat domestic violence; e) to support access to family aggressors psychological counseling, psychotherapy, psychiatric treatments, detox and dezalcoolizare; 15 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  16. 16. f) to develop and implement projects in the field of prevention and fight against domestic violence; g) provide in his annual budget amounts to support social services and other social assistance measures for preventing and combating domestic violence; h) to support the local budget, in cases of serious social costs, drafting legal documents, as well as to obtain forensic certificates for victims of family violence; i) to collaborate in the implementation of a system of registration, reporting and management of cases of family violence.NEW TEXT 11. Article 7 is modified and will have the following content Art. 7 : (1) local public administration authorities have the obligation to take the following specific measures: a) to include the issue of preventing and combating violence in the family in the strategies and programmes for regional development, County and local; b) to give logistic, informational and material support to the compartments with tasks in preventing and combating domestic violence; c) to establish, directly or in partnership, units for preventing and combating domestic violence and to support their functioning; d) to develop programmes to prevent and combat domestic violence; e) to support access of domestic violence aggressors to psychological counseling, psychotherapy, psychiatric and detox treatments; as well as to force the victims of domestic violence, as well as the aggressors to participate in programs of psychological counseling, psychotherapy or appropriate psychiatric and detox treatments. f) to develop and implement projects in the field of prevention and fight against domestic violence; g) provide in his annual budget amounts to support social services and other social assistance measures for preventing and combating domestic violence; h) to support the local budget, in cases of serious social costs, drafting legal documents, as well as to obtain forensic certificates for victims of family 16 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  17. 17. violence; i) to collaborate in the implementation of a system of registration, reporting and management of cases of family violence.OBSERVATIONS - European level LEGISLATIVE MODIFICATION 2 x National level Regional levelNAME OF THE LAW Law no 25 / 2012 for amending and supplementing Law no. 217/2003 on prevention and control of family violence, published in the Official Gazette No. 165 of March 13, 2012, law entered into force in May, 2012. Among the most important innovations introduced by Law no. 25/2012, there are the following: order of protection, the victim of domestic violence having the possibility to request the court the issuance of such restraining order against the aggressor. The methodological norms for the enforcement of Law no 25 / 2012 are not ready yet.SUBJECT The establishment of units for preventing and combating domestic violence also for old people (women and men), people with disabilities and other categories, most existing units being focuse only on mother-child couple.ORIGINAL TEXT 17. Article 23 shall be amended and shall have the following content: Art. 23: (1) Units for the prevention and combat of domestic violence are: a) emergency reception centers: b) recovery centers for victims of domestic violence; c) assistance centers for aggressors; 17 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  18. 18. d) centers for preventing and combating domestic violence; e) centers for information and population awareness.NEW TEXT 17. Article 23 shall be amended and shall have the following content: Art. 23: (1) Units for the prevention and combat of domestic violence are: a) emergency reception centers: b) recovery centers for victims of domestic violence; c) assistance centers for aggressors; d) centers for preventing and combating domestic violence; e) centers for information and population awareness. f) centers for preventing and combating domestic violence, for old people (women and men), people with disabilities and other categories.OBSERVATIONS - 18 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  19. 19. UNITED KINGDOM WEST YORKSHIRE POLICE XEuropean level LEGISLATIVE MODIFICATION 1 XNational level Regional levelNAME OF THE LAW Crime and Disorder Act 1998SUBJECT That the category of offences such as assault, damage to property and harassment (currently identified in UK law under sections 29 to 32 of the Crime and Disorder Act 1998) also be viewed as aggravated offences when committed against a former or current partner.ORIGINAL TEXT As current law but with the below addition.NEW TEXT Where any offence under this section is committed against a current or former intimate partner it shall be regarded as an aggravated form of the offence.OBSERVATIONS The Courts will be empowered to impose additional penalties against an offender. This will make a positive statement about the unacceptability of domestic abuse in the same way that the current legislation does in respect of hate crime. XEuropean level LEGISLATIVE MODIFICATION 2 XNational level Regional levelNAME OF THE LAW Crime and Disorder Act 1998SUBJECT That local Community Safety Partnerships be required to operate Multi Agency Risk Assessment Conferences and that members of the partnership be required to cooperate in its functions.ORIGINAL TEXT Current provisions in respect of section 17 will remain unchanged but an additional subsection will create this duty under that existing section.NEW TEXT As aboveOBSERVATIONS This will ensure that all agencies cooperate to address domestic abuse and also place a positive obligation on the partnership to ensure that these panels are properly resourced and supported. 19 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  20. 20. X European level NEW LEGISLATIVE PROPOSAL 1 X National level Regional levelNAME OF THE LAW Dual CompetencySUBJECT That authorised Judges in Crown Courts be empowered to routinely rule on all civil matters put before them in the course of also dealing with criminal matters where it is expedient to do so.TEXT OF THE NEW As aboveARTICLEOBSERVATIONS Although the law has been amended to allow Courts to issue Restraining Orders in respect of all cases where the victim may have previously been required to seek a civil non molestation order, for example where the defendant is acquitted, victims are still required to pursue other issues, for example child contact, in a civil court. This would reduce the secondary victimisation of the victim. 20 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  21. 21. X European level NEW LEGISLATIVE PROPOSAL 2 X National level Regional levelNAME OF THE LAW Law to create an offence of Intimate Partner AbuseSUBJECT To make acts of coercive control between intimate partners a specific offence of and within itself.TEXT OF THE NEW A person shall be guilty of an offence where they engage in :ARTICLE a pattern of controlling, coercive or threatening behaviour, violence or abuse, which may be psychological, physical, sexual, financial or emotional, against a person with whom they are or have been in an intimate relationship. Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.OBSERVATIONS This will criminalise the range of behaviours and acts which result in a person’s abuse but which currently generally require proof of physical or mental harm to constitute an offence. 21 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  22. 22. X European level NEW LEGISLAIVE PROPOSAL 3 X National level Regional levelNAME OF THE LAW Specialist Domestic Violence CourtsSUBJECT That cases of domestic abuse be heard solely in specialist Magistrates and Crown Courts.TEXT OF THE NEW That Specialist Domestic Violence Courts (SDVC) be developed andARTICLE supported by statute to ensure that all cases which meet the national definition of domestic abuse: i. Are charged and bailed to the SDVC; ii. That all case management hearings take place in that Court; iii. That all trials are heard by those Courts; iv. That subsequent breaches of Orders are heard by those Courts; v. That only accredited prosecutors who have undertaken training in domestic abuse present cases; vi. That only accredited Judges and Magistrates who have received training in domestic abuse sit in those Courts.OBSERVATIONS This will set upon a statutory footing current arrangement and require minimum standards to be complied with. 22 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  23. 23. LITHUANIA WOMEN’S ISSUES INFORMATION CENTER European level NEW LEGISLATIVE PROPOSAL 1 National level Regional levelNAME OF THE LAW Law about gender/domestic violenceSUBJECT It is necessary to initiate a discussion on drafting of a special law and related regulatory documents on elimination or interruption of domestic violence and violence against a woman and a child, and minimisation of its consequences in order to establish a common, clear and effective legal framework for protection of victims.TEXT OF THE NEW -ARTICLEOBSERVATIONS In discussions held over many years by all the stakeholders the support has not been given to the proposal of drafting a special law and related regulatory documents on elimination or interruption of domestic violence and violence against a woman and a child providing a strict and comprehensive model of action for the institutions and the society starting from preventive measures and ending with clear-cut regulation for cooperation of law enforcement institutions in case of serious criminal offence. However, drafting of such a common regulatory enactment should be repeatedly addressed due to various reasons. Firstly, the international standards increasingly recognise domestic violence and violence against a woman and a child as distinctly separate from the general violence in the public domain, especially in that by standard administrative or criminal procedure measures it is not possible to protect the victim from the perpetrator on whom the victim often is materially or psychologically dependant, and in that the perpetrator has disproportionately more instruments of influence over the victim, therefore a special legal regime needs to be established for protection of the victims of these particular types of violence. The existing fragmented system of regulatory 23 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  24. 24. enactments has demonstrated that the victim’s interests and perspective isnot dominant in the event of violence and that it is suppressed by formal andinstitutionally narrow perspective of application of regulatory enactments. 24 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  25. 25. Secondly, Article 6 of CRLP stipulates that in legal actions which affect achild, the childs rights and interests shall be paramount. However, thepractice of application of the CPL shows that Article 6 and other articles ofCRLP are not applied on their merits. It is anticipated that soon in a humanrights document drafted at the EC level adult victims of domestic violenceshall be defined as a priority group. If there exist institutional resistance toamendments of the CPL, it may be easier to transpose international law inrelation of specific groups of victims into another regulatory enactment.Thirdly, in maintenance and adjustment of the existing legal system, technicalproblems become increasingly apparent. Even for solution a relatively smallproblem, amendments in several laws and CM regulations must be made thusincreasing the administrative burden and prolonging the coordination processof draft legislation and regulatory enactments. Moreover, already now theemployees in institutions often fail to apply the regulatory enactmentscorrectly due to lack of legal knowledge in order to understand the existinglegal system and mutual relations of legal acts.Fourthly, the special laws adopted by many EU and EC member States arebeginning to show their practical effect, in that in cases of domestic violencethey suggest a procedure that is different from the usual administrative andcriminal procedure. A closer link is observed between the existence of theregulatory enactment and the state’s pr ogress in combating violence 25 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  26. 26. European level NEW LEGISLATIVE PROPOSAL 2 National level Regional levelNAME OF THE LAW Unified police methodology for determination of the risk of violence (lethality)SUBJECT Regulatory enactments must enclose a well-developed unified methodology for determination of the risk of violence (lethality) and a clear algorithm for action of officials depending on the level of risk.TEXT OF THE NEWARTICLEOBSERVATIONS In cases of domestic violence the influence of the subjective views pertaining to officials of justice agencies on the management of the case must be eliminated to the greatest possible extent. United and clear action procedures must be introduced. In the increasing number of EC member states police are guided by methodology which is based on the risk of violence and lethality assessment and prescribing one type of particular measures and their intensity if the risk of violence is low, and another if the life of the victim is under threat1. This requirement will be a part of the Council of Europe Convention on preventing and combating violence against women and domestic violence. European level NEW LEGISLATIVE PROPOSAL 3 National level Regional levelNAME OF THE LAW Raising the competence of the institutionsSUBJECT A legal act must define a duty to officials who are a part of the institutions involved in resolution of cases concerning domestic violence and violence 1 26 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  27. 27. against woman and child, to master the necessary knowledge, as well as outline the most significant content elements of such training.TEXT OF THE NEWARTICLEOBSERVATIONS Currently the regulatory enactments clearly prescribe the duty of the officials to acquire the necessary knowledge related to protection of child’s rights. The general training program, according to Cabinet Regulations No. 729 of 27 September 2005 “Regulations regarding Procedures for the Acquisition of Special Knowledge in the Field of Protection of the Rights of the Child and the Content of Such Knowledge”, must be mastered by those specialists of national and local government institutions who review the cases concerning protection of the rights of the child. A training programme of greater specialisation, according to Cabinet Regulations No. 984 of 5 December 2006 “Regulations regarding the Content of the Training Programme for Chair Person of Orphan’s Court, Deputy Chair Person of Orphan’s Court and Member of Orphan’s Court, and Procedures for its Acquisition” which must be mastered by the employees of Orphan’s court. A similar regulation is necessary to protect the rights of adult victims of violence. 27 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  28. 28. ITALY COMUNE DI CESENA European Level Nazional Level NEW LEGISLATIVE PROPOSAL 1 X Regional LevelNAME OF THE LAW Framework law for equality and against all forms of discriminationSUBJECT The law aims to introduce corrective measures to address the various aspects of peoples life for the realization of egalitarian democracy and for substantial equality: - Guidelines addressed to the regional and local system of prevention services and assistance in gender-based violence field; - Inter-institutional networks and coordinated regional skills and awarenessNEW TEXT /OBSERVATIONS Currently, the law is going to be drafted. The criterion to guide the legislative proposal is to develop regulatory tools designed to fill and balance the different areas of peoples life through mandatory standards or guidelines. European level 28 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  29. 29. LEGISLATIVE MODIFICATIONS 1 x National level Regional levelNAME OF THE LAW Art 7 del decreto 23 febbraio 2009 n. 11, convertito in legge 23/04/2009 n. 38 Article 7 of the 23 rd February 2009 Decree n. 11, converted into Law on 23rd April 2009 n. 38SUBJECT Article 7 of the 23th February 2009 Decree n. 11, converted into law on 23th April 2009 n. 38 , introduced a new type of crime, namely,”persecution acts”(atti persecutori), considered as effective only when committed by somebody towards another person connected because of previous or current liaison. The most common cases develop during marital or relational crisis. There are cases too, when stalking situation can occur, especially in work places or in such environment where women or anybody is in a weak position (employee vs her boss), when the persecution act happen even without a previous liaisons. Merely, the boss just tries to get a sexual contact to somebody that on her own doesn’t not intend to get involved.ORIGINAL TEXT Article 7. Amendment to Criminal Code Ongoing from 25th February 2009 1.- After article 612 of the Criminal Code there’s this one: “Art. 612 bis (persecution acts). - Unless the act constitutes a more serious offense, it shall be punished with imprisonment from six months to four years anyone who with repeated actions, threatens or harasses someone in a way that causes persistent and serious state of anxiety or fear, or give rise to a well-founded fear for self-safety or of close relative or person bound by the same relationship or to force this person to alter its daily habits. The penalty is increased if the offense is committed by legally separated or divorced spouse or a person who has been connected to the victim by love affairs. The penalty is increased up to its half if the crime is committed against a minor, a pregnant woman or a disable person ,(Article 3 of the Law of 5 29 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  30. 30. February 1992, no. 104) , or by a person with weapons or misrepresented. The offense is punishable on complaint by the injured party. Deadline for the start a lawsuit is within six months. Procedures, however, start ex officio if the offense is committed against a minor or a disabled person referring to (Article 3 of the Law of 5 February 1992, no. 104) and when the offense is connected to another offense for which an official procedure is already carried out ».NEW TEXT (Article. 7) At the end of the second last sentence, first section, after the word “misrepresented”, to add: « The penalty shall be increate too in case the persecution occur in the work place by a person who carry a hierarchic position superior or equal to the victim, in order to get a sexual contact which is not intended by the victim, even if a previous love affairs between the two lacks.OBSERVATIONS Today in Italy it is very difficult to give proof of this situation, namely, bossing or mobbing. It would be useful fill this gap thanks to a National law about these particular mobbing (bossing) situations. Livello europeo xLivello nazionale LEGISLATIVE MODIFICATIONS 2 Livello regionaleNAME OF THE LAW Article 612 bis of Legislative Decree number 11 of 23rd February 2009, "Urgent measures of public safety to combat sexual violence, and persecution acts"SUBJECT Persecution Acts - StalkingORIGINAL TEXT Art. 612 bis. Persecution Acts – Stalking . Unless the act constitutes a more serious offense, it shall be punished with imprisonment from six months to four years anyone who repeatedly threatens or harasses someone causing a persistent and serious state of anxiety or fear, or give rise to a well-founded fear for the self-safety or that of a close relative or person bound by the same relationship or to force himself to alter life habits The penalty is increased if the offense is committed by a legally separated or 30 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  31. 31. divorced spouse or a person who has been linked to the victim by emotional relationship .The penalty is increased to half if the offense is committed against a minor, a pregnant woman or a person with disabilities in art. 3 of Law 05.02.1992 n. 104, or by a person with weapons or misrepresented. The offense is punishable on complaint by the injured party. Deadline for lawsuit is six months. The procedure is conducted ex officio where the act is committed against a minor or a person with disabilities in art. 3 law of 05.02. 1992, n.104, and when the offence is connected with another for which the procedure is the same.NEW TEXT La legge rappresenta il tentativo tardivo dell’Italia di creare una risposta normativa adeguata alla violenza sulla donna. Essa riunisce molteplici manifestazioni di violenza in un specifica forma, lo stalking. The law is a late Italian attempt to create a legal adequate response to violence against women. It brings multiple manifestations of violence together in a specific form: stalking. The law is complete: it considers matters not referred before in our Criminal Code and. requires for the first time at Article 11 of decree of 2009, all police forces and health care institutions, to put women in contact with the land network against gender-based violence, thus giving for granted that such network is effectively working on the ground. However, is in its fluid nature the limit: there are neither guidelines nor modes for intervention, thus often allowing exploitation. The law Should provide more guidelines for action in order to allow .operators to better coordinate their action in the fight against gender- based violence. It is mandatory to insist on specific roles and responsibilities Additionally, protocols to direct authorities actions and relevant agencies are essential, but these must be accompanied by instruments of economic investment able to implement pragmatic interventionsOBSERVATIONS Polices Forces involved should know and understand in depth all the standards 31 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  32. 32. that enable them to intervene in order to create effective commitments andcoordination among competent operators: police, health-care agencies andwomen centre 32 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  33. 33. BULGARIA NATIONAL ASSOCIATION XXI CENTURY RHODOPA MOUNTAIN INITIATIVE X European level x National level LEGISLATIVE MODIFICATION 1 Regional levelNAME OF THE LAW PROTECTION AGAINST DOMESTIC VIOLENCE ACTSUBJECT We consider that in the art. 8 of LPDV is necessary to be made amendment by adding a new art. 5, which allows the issue of an order for protection to be initiated in signals and evidence by the police and the assistance institution on whose territory the domestic violence act was carried out.ORIGINAL TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship.NEW TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship. on an application by the Police of other related institution.OBSERVATIONS 33 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  34. 34. BULGARIA NATIONAL ASSOCIATION XXI CENTURY RHODOPA MOUNTAIN INITIATIVE X European level x National level LEGISLATIVE MODIFICATION 1 Regional levelNAME OF THE LAW PROTECTION AGAINST DOMESTIC VIOLENCE ACTSUBJECT We consider that in the art. 8 of LPDV is necessary to be made amendment by adding a new art. 5, which allows the issue of an order for protection to be initiated in signals and evidence by the police and the assistance institution on whose territory the domestic violence act was carried out.ORIGINAL TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship.NEW TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship. on an application by the Police of other related institution.OBSERVATIONS 33 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  35. 35. BULGARIA NATIONAL ASSOCIATION XXI CENTURY RHODOPA MOUNTAIN INITIATIVE X European level x National level LEGISLATIVE MODIFICATION 1 Regional levelNAME OF THE LAW PROTECTION AGAINST DOMESTIC VIOLENCE ACTSUBJECT We consider that in the art. 8 of LPDV is necessary to be made amendment by adding a new art. 5, which allows the issue of an order for protection to be initiated in signals and evidence by the police and the assistance institution on whose territory the domestic violence act was carried out.ORIGINAL TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship.NEW TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship. on an application by the Police of other related institution.OBSERVATIONS 33 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme
  36. 36. BULGARIA NATIONAL ASSOCIATION XXI CENTURY RHODOPA MOUNTAIN INITIATIVE X European level x National level LEGISLATIVE MODIFICATION 1 Regional levelNAME OF THE LAW PROTECTION AGAINST DOMESTIC VIOLENCE ACTSUBJECT We consider that in the art. 8 of LPDV is necessary to be made amendment by adding a new art. 5, which allows the issue of an order for protection to be initiated in signals and evidence by the police and the assistance institution on whose territory the domestic violence act was carried out.ORIGINAL TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship.NEW TEXT S. 8. The proceeding for issuing an order may be instituted: on an application by the victim; at the request of the Director of the Social Assistance Directorate; whenever emergency court protection is sought, on an application by a sibling or by a person who is a relative to the victim in the direct line irrespective of the degree of kinship. on an application by the Police of other related institution.OBSERVATIONS 33 LEGISLATIVE RECOMMENDATIONS MODIFICATIONS HERA PROJECT OCTOBER 2012 With financial support from the EU’s DAPHNE III Programme

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