Izvorni znanstveni članak
https://doi.org/10.59245/ps.32.4.2
(Non-)Application of Shortened Procedure, Communication and Opportunity Principle in Cases of Domestic Violence Offences
Suzana Kikić
orcid.org/0009-0002-9588-1906
; Veleučilište kriminalistike i javne sigurnosti, Polisijska akademija "Prvi policijski redarstvenik", MUP RH
Sažetak
Despite the implementation of numerous international standards for the protection of victims of domestic violence into Croatian legislation, a problem of interpretation and implementation of specific legal (and international convention) provisions has been observed in Croatian police practice. As a result, victim protection is inadequate and ineffective, and there is a negative effect on the prevention and suppression of domestic violence, especially in terms of encouraging victims to report possible new violence, rehabilitation of consequences, and sending a message to the perpetrator about the unacceptability of his behaviour. The subject of this paper deals with only one segment of the implementation of police powers in the area of misdemeanour prosecution of domestic violence perpetrators: the question of the application of the so-called shortened procedure institute by issuing misdemeanour warrants and mandatory misdemeanour warrants, the question of communication between the police and the perpetrator about the guilt and sanctions, as well as failure to initiate misdemeanour proceedings by applying the principle of opportunity. With a goal of determining legal bases, scope, reasons and methods of their application in practice, the research covers the analysis of national and international legal frameworks in this area, the analysis of statistical data on the implementation of these institutes from 2017 to 2021 in the Republic of Croatia, as well as the analysis of police cases of domestic violence where these institutes were applied. Although the mentioned institute was applied in a relatively small number of cases, the research results obtained from the analysis of police cases indicate superficiality in conducting investigations in some instances of domestic violence, improper application of legal powers, and an insufficient level of control and supervision, leading to errors when making decisions about failure to file an indictment, and in some cases, about the qualification of a punishable act. Based on the insights gained from the research of the current legislative framework and police action, proposals have been made to amend the misdemeanour legislation, intensify the education of police officers at all levels and improve the system of supervision and control of police officers, with the purpose of the adequate and legal protection of victims of domestic violence offences.
Ključne riječi
domestic violence, shortened procedure, communication, principle of opportunity, police
Hrčak ID:
311282
URI
Datum izdavanja:
20.12.2023.
Posjeta: 265 *