Original scientific paper
https://doi.org/10.3935/zpfz.74.1.02
Domestic Violence in the Context of Penal Populism
Petra Šprem
orcid.org/0000-0003-4396-6887
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Anna-Maria Getoš Kalac
orcid.org/0000-0002-0016-764X
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The area of domestic violence is often the subject of both expert and general public discourse. In Croatia, the aforementioned discourses are often induced by individual cases of domestic violence, and in most cases, they are reduced to warnings about the mass prevalence of domestic violence and the constant need to change the normative framework (often in the direction of more severe punishment for the perpetrators). Such settings regarding the discussion on this important topic unjustifiably divert attention from the essential challenges that afflict this field. Some of these challenges are specific to Croatia, while some are also detected within the international community. This paper will strive to encourage a scientific discussion about domestic violence by developing some of the key underestimated challenges in this area, i.e. obstacles to a better and more efficient regulation of domestic violence today, and which are not talked about enough (or at all). An overview of the main concepts and terms of this phenomenon, which represents the basis of any essential scientific discussion will be given in the introduction. This is followed by an outline of the development of the normative framework of domestic violence in Croatia, with a discussion of the key shortcomings and a critical analysis of de lege lata. The paper will offer an insight into the European standards with the aim of detecting the key challenges that European countries are facing when it comes to domestic violence. Finally, some of the carefully selected empirical indicators of the mentioned phenomenon will be analysed with an emphasis on inconsistent case law concerning domestic violence. The last chapter offers a conclusion with proposals of concrete (ideal and pragmatic) solutions for handling the analysed challenges of that area in Croatia.
Keywords
domestic violence; Act on the protection against domestic violence; misdemeanours and criminal offences; psychological violence
Hrčak ID:
316345
URI
Publication date:
8.4.2024.
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