Presentation on theme: "The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE."— Presentation transcript:
The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE
DEFINOTION: … any act of physical, mental or sexual violence, and … any act of physical, mental or sexual violence, and any attempted such violence any attempted such violence forcible restriction of individual freedom and of privacy, forcible restriction of individual freedom and of privacy, carried out against individuals pointed out in art. 3 carried out against individuals pointed out in art. 3
PROTECTION CAN BE SOUGHT AGAINST: a spouse or a former spouse; a person with whom the perpetrator cohabits or has cohabited; a person with whom the perpetrator has a common child; relatives - an ascendant, a descendant, a sibling, relative by affinity up to the second degree; a guardian or a foster parent; a person living in the same dwelling.
THE MEASURES: To restrain from committing domestic violence; Removal from the common dwelling house; Prohibition to near the home, the place of work, the places of social contacts of the victim; Relocating the residence of the child with the non-violent parent;
OTHER MEASURES: Obligation for the perpetrator to attend specialized programs; Advising the victims to attend specialized recovery programs – psychological and social aid;
OTHER CONCEQUENCES: A fine up to 500 euros; Duration of the measures; Registration of the case and the perpetrator and the victim; Immediate execution of the Order for Protection; Police control
PROCEEDINGS The Court The application 30 days from the act of domestic violence The collecting of evidences – obligations to issue copies and medical certificates; The Declaration ex parte Order for Emergency Protection Oral hearings – the Order for Protection
The appeal Does not stop the execution of the Order for Immediate Protection 14 days term Final decision The three possibilities for the Court of Appeal
The Control on the Orders Administrative character of the responsibility; The police control on the execution; The penal responsibility – art. 296 of the Penal Code; Civil responsibility – like for damages, etc. The guilt – as a reason for future divorce.
The Need for Amendments - I More profound definition of DV; DV against and/ or in the presence of children and combined measures of them; The circle of the protected persons; The measures of protection; The authorized persons to initiate the court procedure;
Procedural changes The term for the application – 1 month; The evidences for psychological violence; Possibilities for further changes in the Immediate Protection Order during the procedure; Police measures for protection against DV; Observing the execution of the Orders.
The Need for Amendments - II Some particularly dangerous acts of DV – the use of weapon, DV against disabled; Criminal responsibility for violation and disobedience of the Order; Changes in the Criminal Law – art. 161; The role of the NGOs; The role of the State.