Preliminary communication
https://doi.org/10.54070/hljk.29.2.2
THE EXPERIENCE OF PARTICIPATING IN CRIMINAL AND MISDEMEANOUR PROCEEDINGS FROM THE PERSPECTIVE OF THE VICTIM OF DOMESTIC VIOLENCE
Ivana Bilušić
; Općinski sud u Splitu, Split, Hrvatska
Željka Barić
orcid.org/0000-0001-5740-8080
; Dom Duga Zagreb, Zagreb, Hrvatska
Abstract
This paper provides an overview of pilot research, the aim of which was to gain insight into the experiences of victims of domestic violence placed in the three largest shelters for victims of domestic violence in the Republic of Croatia, from the moment the violence was reported to the time of court proceedings (including their shelter placement experience). The novelty brought by the research is the sample housed in shelters for victims of domestic violence,
where it is difficult to achieve openness to the survey due to the need to insist on the secrecy of the location of the shelter. As a result, the shelter’s contacts with the environment are directed only at officials of competent authorities in order to realise the rights of children and adult victims to accommodation. The shortcomings of the pilot research are reflected in the small sample and the proportion of unanswered questions, which disturbs the stability of the obtained
results. The introductory part outlines the purpose of the work and the significance of the effective implementation of the victim’s active role in criminal and misdemeanour proceedings, as well as the effectiveness of the victim’s contact with other stakeholders who act in cases of domestic violence. This significance is not only the result of the implementation of Directive 2012/29/EU in the Croatian legislation and the proclamation from the Protocol on handling
cases of domestic violence, but also the response of the jurisprudence of the European Court of Human Rights in this direction. Then, the paper presents the results of the pilot study in which victims express their views on the approach of the stakeholders of the Protocol on handling cases of domestic violence towards them as victims, and on the quality and usefulness of the information and assistance received from the aforementioned institutions.
The aim of the pilot research was elaborated through three research questions:
1. How do victims assess whether they have received complete information on their rights
within the judicial and police systems?
2. How do victims assess whether they were informed in a timely manner about the abolition of pre-trial detention or the abolition of precautionary measures and about other information essential for the victim’s safety, which the police and the state attorney’s office should provide?
3. What are the suggestions for more effective and faster help from the system from the position of a victim of domestic violence?
Statistical methods for data processing were used for the conducted pilot survey, namely:
descriptive statistics and categorical variables, which are presented as the frequency of responses and the percentage of responses for each individual. Descriptive answers were translated into categories by a coding process, and content analysis was applied. Overall, the results are in line with the research conducted by other authors, who were also oriented towards experiences with different stakeholders in the system from the perspective of a victim of domestic violence. The results once again confirm that normative recognition is not a guarantee of adequate implementation in practice.
Keywords
Hrčak ID:
288479
URI
Publication date:
29.11.2022.
Visits: 1.204 *