Izvorni znanstveni članak
Criminal or Misdemeanour Liability in the Case of Domestic Violence
Davorka Martinjak
; Visoka policijska škola u Zagrebu, MUP, Hrvatska
Hrvoje Filipović
; Visoka policijska škola u Zagrebu, MUP, Hrvatska
Sažetak
An important feature of domestic violence is the victim’s exposure to long-term violence
before deciding to report the offender to law enforcement authorities. Therefore, it is of utmost
importance that the procedure is conducted professionally and that it is well-founded and without
reasonable doubt in order to avoid rejection of the application which would consequently
further reduce confidence in the system and motivation for future reporting. This paper investigates
the normative framework governing protection against domestic violence, as well as
police practice and case law. The aim of the paper is to identify the main factors that are crucial
for separating misdemeanour from criminal domestic violence with respect to the principle
of the prohibition of double punishment. For this purpose, a comprehensive investigation was
conducted of police files related to family violence offences under Art. 179.a of the Criminal
Code and violations of domestic violence under Art. 10 of the Act on Protection against Domestic
Violence. In conclusion, the survey seeks to clarify the criteria that should assist law
enforcement authorities in assessing whether the offences are criminal or misdemeanour ones
in the case of domestic violence.
Ključne riječi
domestic violence; types of violence; victims; police conduct; qualification of offences
Hrčak ID:
232780
URI
Datum izdavanja:
2.12.2019.
Posjeta: 2.729 *