Domestic Violence Criminal Legislation and Practice in Serbia by Diana Miladinovic.

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Presentation transcript:

Domestic Violence Criminal Legislation and Practice in Serbia by Diana Miladinovic

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

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

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

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

Recent AWC’s Research  According to this research, 92% of the offenders are men and 8% are women. Also, the majority of victims of domestic violence are women.  The violence mostly happens at home, rarely in public space only 7% of domestic violence cases.

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

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

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