Domestic violence

Until 2004, the Czech Republic did not have a specific law that addressed the problem of domestic violence. In Czech legislation, there is still no definition of domestic violence, but some steps toward better protection of victims have been made.

Until 2004, acts of physical violence among adult family members were judged under §221-224 – bodily harm (causing bodily injury to another person intentionally or by negligence). The victim had to have injuries which required sick leave longer than 7 days.

Since July 2004, a new §215 a) of the criminal code has been in force. This paragraph punishes the abuse of a person living in the same residence. The punishment is 0-3 years in a basic case (i.e. if someone maltreats a person, who is in a close relationship with him/her or who is living in the same premises) and 2-8 years in the case where violence is committed over the long-term or against more persons.

The new Law 135 /2006 (http://www.rosa-os.cz/index.php?id=18), which changes several laws in the field of protection against domestic violence, was adopted in March 2006. The new Law was based on the Austrian model. The law will be valid as of January 2007 and will bring these main changes:

Changes in Police law

Police will have the right to expel a perpetrator of domestic violence from the house for a period of 10 days if there is a risk of dangerous attack against life, health, freedom or peril of very severe humiliation. The decision to expel the perpetrator will be based on evidence of violence, with stress on previous attacks. Expulsion can also include the surroundings of the house. The period of 10 days cannot be reduced, even if the victim would agree to this.  Police should inform the victim about the possibility to file an application to prolong the period of expulsion. Police must report the eviction to the intervention center within 24 hours.

Changes in Law about Social Provisions

The local government will be responsible for establishing Intervention Centers, which will be responsible for multi-agency cooperation and providing help to victims.

The following outline shows the definition and classification of other criminal acts related to violence against women and the punishment.

Criminal law

§ 197 a) Violence against a group of inhabitants or an individual (0-1 year, or financial penalty) (threatening someone with death, a serious bodily injury or other serious detriment in a manner giving rise to reasonable fear)

§219 –Murder (10-15 years) (intentional killing of another person)

§221-224 – Bodily harm (2-8 years) (causing bodily injury to another person intentionally or by negligence)

§241 – Rape (2-8 years; when the victim is under 18 years, the punishment is 3-10 years, when the victim is under 15 years, the punishment is 5-12 years) (forcing someone else by violence or by threat of immediate violence to sexual intercourse or a similar form of carnal knowledge, or abuse of someone else’s defencelessness to submit to such an act)

§242 – Sexual abuse of a person under 15 years (1-8 years) (having sexual intercourse (coitus) with a person under the age of fifteen years, or sexual abuse of such a person in another manner)

§ 215 – Abuse of a person who was consigned to custody (0-3 years in the case of battering or maltreating a person in his/her care or upbringing or 2-8 years in the case where the person perpetrates the crime in a very severe manner, against several people or during a long time).

§ 231 Restraint of personal freedom (up to 2 years) (unlawfully (without authorization) preventing someone else from enjoying personal liberty (freedom))

§ 217 – Endangering moral upbringing of youth (2-5 years) (intentionally or by negligence exposing a person under eighteen years of age to the danger of depravity by (i) making it possible for such a person to lead an idle or immoral life; or (ii) luring such a person into leading an idle or immoral life; or (iii) enabling such a person to gamble on gaming machines equipped with a technical device which influences the result of the game and offers the possibility of a pecuniary winning)

§ 217 a) Seduction of a person under the age of 18 to sexual intercourse (1-5 years or a financial penalty) (offering, promising or providing consideration (remuneration) or other benefit or advantage to a person below the age of eighteen years for sexual intercourse (with such a person), or for (viewing) this person’s own sexual satisfaction, denudation (stripping off of clothing) or other comparable behaviour)

Trafficking

§ 204 Soliciting/Pandering (up to 3 years) (procuring, inducing or enticing someone to practice prostitution or exploiting prostitution practiced by someone else)

§ 216 a) – Trafficking in Children (0-3, or 2-8 years) (obtaining remuneration for transferring a child to another person (another person’s power) for the purpose of adoption, child labour or for some other purpose)

§ 235 Blackmail/Extortion (up to 3 years) (forcing another person by violence, the threat of violence or the threat of another serious detriment to do something, to desist from doing something or to tolerate something)

§ 232a Trafficking in people, where the victim, who is forced into sexual services, is under 18 years (2-10 years) (inducing, forcing, hiring, transporting, hiding, detaining or delivering a person under 18 years in order that he/she is abused to (i) sexual intercourse or other form of sexual abuse, or (ii) slavery or servitude; or (iii) forced labour or other forms of exploitation)

See Criminal law, Czech Republic 140/1961.

Results of the Use of the Priorities and Procedures for Promoting Gender Equality (Authors: Marie Vavroňová, Jiří Vavroň)

Despite all of the problems and imperfections, the fulfillment of the Priorities contributes to particular changes in two fields. First, domestic violence began to be perceived by society as a negative phenomenon, which people must address in the Czech Republic, and secondly, legislation has been changed.

On 1 June 2004, §215 a) of the Criminal Code (No. 140/1969 Sb.) was enacted, which established a new fact: “Abuse of persons living in the same residence.”

Since 1 July 2004, according to the Criminal Code No. 283/2004, authorities active in criminal procedure have had a duty to inform victim or witness (who can be endangered by the perpetrator if he/she is released from jail or if he she escapes from jail) about the right to demand information about the release or escape of the perpetrator.

Re-codification of the Criminal Code should have been prepared and entered into force by 1 January 2007, but this has not been prepared, yet.

In 2005, the Methodical Directive of the Director of Office of Criminal Police and Investigation was disseminated. It arranges the procedure of the Police of the Czech Republic during the announcement, verification and investigation in cases of domestic violence.  

The Ministry of Internal Affairs initiated Round Tables, where experts from state and non-state organizations interested in violence in family took place. Since 2006, the task for a specialized team in the Ministry of Internal Affairs has been to monitor the prevalence of domestic violence, and the police of the Czech Republic have had a duty to lead  a list of numbers of police intervention in cases of domestic violence.

The Ministry of Health elaborated a suggestion of the “Methodical Guideline of the Ministry of Health for procedures of medical professions when providing care for victims of domestic violence.”

The Ministry of Labour and Social Affairs partially fulfilled its task, because it managed to add to the Social - Law Protection of Children Act (§51), a requirement for officers in the Department of Social – Law Protection of Children to be secretive about the address of a parent who is a victim of domestic violence. The Department is obliged to announce to the authorities active in criminal procedure the fact that there was a crime committed against children, that children were used to commit a crime, or that there is violence between the parents or other persons in the household.

On 1 January 2007, a new Act about expulsion of the perpetrator should enter into force, which enables the police to expel the perpetrator from the residence for ten days. This time-limit can be extended for up to one month. During this period, the victim has to be informed about her/ his rights and opportunities where she or he can seek help.

The enactment of the Law about Social Services (1 January 2007) should ensure the establishment of legislation concerning shelters. However, the law does not provide a specific definition of shelter for victims of domestic violence or a shelter with a secret address; standards for operation of these shelters have to be elaborated.   

Insufficiencies and Open Questions about the Use of Priorities Practically

There is a lack of specialized shelters with a secret address for victims of domestic violence in the Czech Republic, and support for them is also insufficient. The only support is provided for so-called “mixed” shelters, which are used by both victims of domestic violence and people without housing having different social problems. There is also a tendency to shift financing of shelters to the country departments or towns, which do not obtain enough financial support for the operation of shelters from the state budget.

The situation of victims of domestic violence and children who are witnesses of domestic violence has been changing slowly and deficiently. The main reason is insufficient education and training of judges, prosecutors, police and officers of the Department of the Social – Law Protection of Children regarding the issue of domestic violence. During trial procedures concerning divorce or child custody, the court takes into account the presence of domestic violence in the family only in a small number of cases. From the side of the state, there is an absence of a complex education system and methodical guidelines for professionals dealing with domestic violence. Also, the practice of the courts in cases of domestic violence is inadequate.  Education and training of professionals dealing with domestic violence is ensured by NGOs.

Within Resolution No. 1108 of 10 November 2004, the Government of the Czech Republic adopted a Guideline of the Council for Human Rights to ensure children’s rights to maintain regular, personal contact with both parents, when they are separated from one or both of the parents. However, this Resolution does not take into account the presence of domestic violence in the family, and the fact that this children’s right can often be misused as a source of continuing attacks against the parent who was a victim of domestic violence within the family. 

Cooperation among NGOs, state institutions, police and courts has still been unsatisfying, although the Priorities place emphasis on the establishment of interdisciplinary cooperation.  The main source for raising awareness about domestic violence in society is the activity of women’s NGOs. Campaigns of these organizations were financed from private sources or foreign funds. The Campaign against Domestic Violence on Women in 2003 was a significant activity held by ten NGOs from different parts of the Czech Republic with support from Open Society Fund Prague.

Although the state institution has a duty to inform the public about the issue of domestic violence continuously, they only took part in a partial campaign in 2004, which was conducted in the form of a PC game – Game Over. This campaign has no significant effect on the target group, which primarily included young people. Also, a campaign led by the Ministry of Internal Affairs “No Violence” selling plastic bracelets did not significantly interest the public. None of these state campaigns involved cooperation with women’s NGOs that carry the onus of direct work with victims of domestic violence.

Compiled from: Ministry of Labour and Social Affairs: Priorities and Procedures for Promoting of Gender Equality 1998-2005; http://www.mpsv.cz/cs/301; http://www.mpsv.cz/files/clanky/1372/zprava.pdf; Shadow report in the field of equal opportunities of men and women, editor Ing. Petr Pavlík, proFem, Prague 2004, pg. 21-35.