Legislative recommendations global

HERA PROJECT

LEGISLATIVE RECOMMENDATIONS

1
LEGISLATIVE RECOMMENDATIONS MODIFICATIONS

HERA PROJECT
OCTOBER 2012

With financial support from the EU’s DAPHNE III Programme

TABLE OF CONTENTS

SPAIN.................................................... Error: Reference source not found

CONSELLERIA DE GOBERNACION, VALENCIA.....................Error: Reference source not found

LEGISLATIVE MODIFICATION 1................................................ Error: Reference source not found









LEGISLATIVE MODIFICATION 10.............................................. Error: Reference source not found



NEW LEGISLATIVE PROPOSAL 1............................................. Error: Reference source not found





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SPAIN

CONSELLERIA DE GOBERNACION, VALENCIA

European level
LEGISLATIVE MODIFICATION 1 National level
Regional level
NAME OF THE LAW Article 106 of the Spanish Penal Code
SUBJECT Probation is regulated in Article 106 of the Spanish Penal Code, shall be
imposed by the Court (in an optional or mandatory way), for compliance after
the imprisonment, and its content would take the limitations, obligations,
prohibitions or rules of conduct separately or together, concerning the
protection of victims and the rehabilitation and social reintegration of offenders.

ORIGINAL TEXT Article 106 : "The probation consist of the submission of the sentenced to
judicial control by compliance with one or more of the following measures:
a) The obligation to be always reachable on electronic devices that enable his
continued monitoring.
b) The regular reporting in place that the judge or court has set ... ".
New paragraph to paragraph 2: "The judge or the court of Violence against
Women, may impose in the sentence the probation measure, after the
conviction for domestic violence."

NEW TEXT Amend section 3 of the paragraph. "The judge or court for violence against
women may modify the requirements and prohibitions imposed, reducing the
duration of the probation or even putting an end to it in view of the positive
outcome of reintegration
OBSERVATIONS After serving a prison sentence, or when it is replaced or suspended, the
convicted for domestic violence is subject to control by professionals (tutors). A
control that allows a dual purpose: to improve the safety of the victim and help
the aggressor to reintegrate, avoiding violent behavior. The tutor (an officer)
would be trained to deal with this kind of crimes and with studies in some of

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these areas: social work, criminology or psychology.
In most European countries there is a special legislative measure for certain
crimes, called "probation", which in the case of Spain, is applied to terrorist
offenses and offenses against sexual freedom. It would be indented to extend
this measure to gender violence crimes.

European level
Regional level
NAME OF THE LAW Article 2 of Law 27/2003, of 31 July, regulating protection orders for victims of
domestic violence
SUBJECT Add a new article 544 ter in the Criminal Procedure Act
TEXT OF THE NEW «1. The judge will issue the protection order for domestic violence victims in
ARTICLE cases where exists a founded evidence of committing a crime or offense
against life, physical integrity or moral, sexual freedom, liberty or security of
any of the persons referred to in Article 153 of the Criminal Code be an
objective situation of risk to the victim that requires the adoption of any
measure of protection covered in this article ... "

OBSERVATIONS Based on the article, to extend of the protection order for victims of gender
violence, respecting the legislation of each country but trying to reach a
common tool similar in all countries.

European level

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Regional level
NAME OF THE LAW Penal Code
SUBJECT New figure of harassment ("stalking") in gender violence
TEXT OF THE NEW It is proposed to incorporate a new figure in the Spanish Penal Code:
ARTICLE 1.- Punish the carrying out of repeated (habitual) acts against any person,
aimed at preventing the legitimate enjoyment of individual liberty. (he follows
her, calls her constantly, gives her flowers, presents at her workplace ...).
2. Penalties shall be imposed in the upper half of the range when the
harassment is perpetrated against a spouse or person who is or has been
connected to, by a similar relationship.
(Note: if the woman is being stalked, when protection order is still valid, the
crime would be the of breach of the order more than the harassment. This
figure is introduced, in general, for "obsessive" men that sometimes do not
leave alone women they have never been in relationship with, but really
cause them confusion, fear and lack of freedom. Also a special section for
women who have been victims and the perpetrator after serving the
measures, continues to harass her in order to return with her ... take this
criminal offense into consideration allows women to rebuild their lives and not
being preoccupied that he can call them ...
4. To evaluate the habitually referred to in the previous section, we will serve
the number of acts that are accredited as well as temporal proximity thereof.
OBSERVATIONS /

European level

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Regional level
NAME OF THE LAW Penal Code
SUBJECT Elimination of habitual behavior.
ORIGINAL TEXT Article 173.2. Law 10/1995 of November 23, from the Penal Code
NEW TEXT Amend Article 173.2. Law 10/1995 of November 23, from the Penal Code:
"Whoever (usually) exercises physical or psychological violence over who is or
was a spouse or person who is or has been linked to him by one similar
relationship even without cohabitation, .... "
OBSERVATIONS The crimes of gender violence in emotional relationship, as well as other
crimes of violence against women, specifically requiring criminalization and
public offenses in their first episodes of violence, threats, coercion ... no need
to give a habitual behavior.

European level
Regional level
NAME OF THE LAW Organic Law 10/1995 of November 23, the Penal Code
SUBJECT Prohibition to approach and communicate in any case.
ORIGINAL TEXT Article 48 Organic Law 10/1995 of November 23, the Penal Code
NEW TEXT Article 48 Organic Law 10/1995 of November 23, the Penal Code: "1. The
deprivation of the right to reside in certain places or go there .... 2. The
prohibition of approaching the victim .... 3. The prohibition of communication
with the victim .... "to crimes of violence against women in emotional
relationship, as well as other crimes of violence against women.

OBSERVATIONS The sentence for these crimes, should always carry an implicit period of
approaching and contacting prohibition, in any case, the duration of the
measure will be determined by the severity of the offense.

European level

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Regional level
NAME OF THE LAW Criminal Procedure Act
SUBJECT Knowledge of related causes
ORIGINAL TEXT Article 18 "1. Judges and courts are competent, in order, to hear the cases of
related offenses ... "
NEW TEXT Add a new paragraph to Article 18 of the Criminal Procedure Act, "1. Judges
and courts are competent, in order, to hear cases of related offenses ... "
NEW: "4. The Courts of Violence against Women are competent to hear cases
of related offenses arising out of a process of gender violence. "
Add a paragraph to Article 300 of the Criminal Procedure Act, "Every crime that
is known by the judicial authority will be subject to a summary. Related
offenses will be understood, however, in a single process. "
NEW: "Related offenses that may arise as a result of the complaint and the
process of violence, should be tried by the same court specialist".
OBSERVATIONS

European level
Regional level
NAME OF THE LAW Organic Law 10/1995, of 23 November, of the Penal Code:
SUBJECT Mandatory rehabilitation programs for batterers
ORIGINAL TEXT Article 173.2 of the Organic Law 10/1995, of 23 November, of the Penal Code
NEW TEXT Article 173.2 of the Organic Law 10/1995, of 23 November, of the Penal Code:
".... Penalties shall be imposed in the upper half range when one or more of the
acts of violence perpetrated in the presence of minors, or using weapons, or
take place in the shared home or the home of the victim, or make breaking a
penalty referred to in Article 48 of this Code or an injunction or prohibition or
safety of the same nature.
NEW: 173.3. "Also, and in addition to the penalties imposed, to the convicted
for GV will be imposed the obligation to perform expertly designed programs
for rehabilitation for abusers."
NEW: "Related offenses that may arise as a result of the complaint and the
process of violence, should be tried by the same court specialist".
OBSERVATIONS The reeducation programs for batterers must be serious, structured and
adequate duration.
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European level
Regional level
NAME OF THE LAW Organic Law 10/1995, of 23 November, of the Penal Code
SUBJECT Ensure legal security
ORIGINAL TEXT Article 468 of the Organic Law 10/1995, of 23 November, of the Penal Code
NEW TEXT Add two new points to Article 468 of the Organic Law 10/1995, of 23
November, of the Penal Code: "1. Those who brake their sentence, security
measure, prison, injunction, conduction or custody shall be punished ... "Thus,
the two new paragraphs would be as follows:
- "The victim's consent, whether expressed or implied, should not entail
criminal liability."
- " It will be understood as a breach the mere notification of the obliged to
comply with the sentence or detention."

OBSERVATIONS

European level
Regional level
SUBJECT Set as address for the current process of the victim
ORIGINAL TEXT Article 15 bis of the Criminal Procedure Act
NEW TEXT Amendment of Article 15 bis of the Criminal Procedure Act: "In the case where
some of the crimes or offenses whose instruction corresponds to the Judge of
Violence against Women, the territorial jurisdiction shall be determined by the
place of residence of the victim or in this case, the new home of the latter,
without prejudice to the adoption of the protective order, or urgent measures
related to article 13 of this Law, which the Judge of the place of the
commission of the offense might take
OBSERVATIONS in procedural matters, considering the victim's current address will determine
the competent court, whether it is the previous or the new one, if it is the case.

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European level
Regional level
SUBJECT Incriminating Statements in the instruction phase
ORIGINAL TEXT Article 416 of the Criminal Procedure Act
NEW TEXT Add new paragraph to Article 416 of the Criminal Procedure Act, where it is
stated that the people who are exempted from the obligation to declare: "1.
Relatives of the accused in direct lines up and down, your spouse or related
person, bonded by de facto relationship, analogous to marriage ... ".
NEW 3. "In proceedings which have as their cause gender violence, if the
women themselves were accepted the right not to testify, the statements made
in the investigation stage of the case and that could be incriminating, will be
taken into account when passing the sentence . "
OBSERVATIONS This figure, related to the need in the Spanish criminal proceeding, to declare
again in the trial, makes that many women, victims of gender violence, benefit
from their right not to testify against their own assailant, because of fear,
regret, forgiveness, ... all very common conditions in battered women.
Statements to the police should be possible to be taken by audiovisual means
and later use them in the courthouse as evidence. This would avoid having to
subject the victim to numerous statements: in police, the court of instruction,
oral during the trial .... which produces undoubtedly secondary victimization.

European level
Regional level
SUBJECT Testimonials of the agents as incriminating evidence
ORIGINAL TEXT Article 416 of the Criminal Procedure Act
NEW TEXT Add new paragraph to Article 416 of the Criminal Procedure Act, quoted in the
previous recommendation.
NEW 4. "Also, in crimes of violence, when the woman invoking the right to

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remain silent, and if the judge appreciated that the police statement constitutes
qualified witness evidence, because there is incriminating evidence and come
to the conviction there has been committed an offense, may be estimated that
the mentioned statement is an evidence for sentencing. "
OBSERVATIONS
European level
Regional level
NAME OF THE LAW Law 1/2000, of January 7, on Civil Procedure
SUBJECT Statement by the courts on civil matters.
ORIGINAL TEXT Article 49.bis of Law 1/2000, of January 7, on Civil Procedure.
NEW TEXT
OBSERVATIONS The Courts of Violence on women should have the right to rule on civil matters
related to the case, as the care and welfare of children.

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European level
NEW LEGISLATIVE PROPOSAL 1 National level
Regional level
NAME OF THE LAW Recently adopted draft legislation; Valencian Regional Ministry of Interior,
comprehensive law against violence on women in the area of Valencia" (BOE
No.. 86 of 27.06.12).
SUBJECT Additional information and assistance to women.
TEXT OF THE NEW Article XX. " Besides the Generalitat Network for Comprehensive Social
ARTICLE Assistance to Victims of Violence against Women, the public authorities shall
guarantee the existence of other general services for women care. These
services provide information, advice and, where appropriate, accompanying
women to facilitate the exercise of rights in all areas of their personal, family,
social and work areas. "

OBSERVATIONS

European level
Regional level
NAME OF THE LAW Draft legislation, Valencian Regional Ministry of Interior, comprehensive anti-
violence against women in the area of Valencia" (BOE No.. 86 of 27.06.12).
SUBJECT Training and awareness of judges and magistrates
TEXT OF THE NEW Article XX: "The Government will promote agreements with relevant
ARTICLE government, professional associations, trade unions and business and, in
particular, foster collaboration with the General Council of the Judiciary, the
Attorney General, the Ministry of Justice and Ministry of Interior, to ensure

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specific training on violence against women for judges, magistrates and
judges, as well as the security forces and the state. "

OBSERVATIONS Any additional comments

European level
Regional level
SUBJECT Safety in handling court proceedings.
TEXT OF THE NEW Article XX: "1. The Government will ensure that the court buildings, and
ARTICLE further those containing bodies specializing in violence against women, have
facilities to avoid in any case, eye contact between victim and aggressor, or
between them and the general public, and to provide security to the victim
and avoid pressure or coercion on both herself and her family.

2. For this purpose, it will be encouraged the use of videoconferencing in the
statements and in all legal proceedings in which the procedural laws allow.
Moreover, foster such resolutions are convenient.
3. Furthermore, without prejudice to the use of other measures that can be
applied, will provide safety to victims who are at a particular risk through the
use of specific protection systems, based on technological means to enable
location and immediate communication with emergency services or
specialized care. "

OBSERVATIONS

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European level
National level
NEW LEGISLATIVE PROPOSAL 4
Regional level
SUBJECT Advice and immediate legal aid
TEXT OF THE NEW Article XX: "1. The victims of violence against women will be entitled to legal
ARTICLE
aid under the terms established in the current legislation.
2. In cases of women victims of violence by those who are or have been their
spouses or those who are or have been linked to them by similar affective
relationships, even without cohabitation, legal assistance is immediate,
without prejudice to if or if not recognized posteriori this right, have to pay the
fees, in accordance with the current legislation on legal aid. In these cases, in
computing the income of the victim does not take into account the family unit
but only themselves.
This right will be extended to the dependents of the victims in the case that
they had died as a result of this violence.
3. Also, provide legal advice services information and expert legal advice to
victims from the first police or judicial proceedings pending the proceedings,
including the related execution.
4. The Government will sign agreements with the colleges of laywers´
associations of Valencia in order to establish legal advice services. These
services, which will be located at the headquarters of all the courts, will work
in coordination with the office of services for victims of crime in all cases
where there is a victim of violence by those who are or have been their
spouses or who are or have been linked to them by similar affective
relationships, even without cohabitation, in order to provide immediate
access to a lawyer on duty and the start of the dossier for application for legal
aid.
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5. Similarly, the Government will sign cooperation agreements with law
schools and attorneys of Valencia to establish a specialized court
representation in this matter legally attend to victims of such violence since
the beginning of the process. "

OBSERVATIONS

European level
Regional level
SUBJECT Analysis and permanent evaluation
TEXT OF THE NEW Article XX: "The Valencian Institute of Public Safety and Emergency obtain
ARTICLE from the various local authorities for data analysis and ongoing evaluation for
study and research in the area of Valencia, both the phenomenon of violence
against women as formulas for continuous improvement of law enforcement.
"

OBSERVATIONS

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ROMANIA
BRAŞOV LOCAL POLICE and SOCIAL SERVICES DEPARTMENT
PROPOSALS:

European level
LEGISLATIVE MODIFICATION 1 x National level
Regional level
NAME OF THE LAW Law no 25 / 2012 for amending and supplementing Law no. 217/2003 on
prevention and control of family violence, published in the Official Gazette No.
165 of March 13, 2012, law entered into force in May, 2012. Among the most
important innovations introduced by Law no. 25/2012, there are the following:
order of protection, the victim of domestic violence having the possibility to
request the court the issuance of such restraining order against the aggressor.
The methodological norms for the enforcement of Law no 25 / 2012 are
not ready yet.
SUBJECT Forcing victims of domenstic violence, as well as the aggressors to participate
in programs of psychological counseling, psychotherapy or appropriate
psychiatric and detox treatments.

ORIGINAL TEXT 11. Article 7 is modified and will have the following content
Art. 7 :
(1) local public administration authorities have the obligation to take the
following specific measures:
a) to include the issue of preventing and combating violence in the family in the
strategies and programmes for regional development, County and local;
b) to give logistic, informational and material support to the compartments with
tasks in preventing and combating domestic violence;
c) to establish, directly or in partnership, units for preventing and combating
domestic violence and to support their functioning;
d) to develop programmes to prevent and combat domestic violence;
e) to support access to family aggressors psychological counseling,
psychotherapy, psychiatric treatments, detox and dezalcoolizare;
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f) to develop and implement projects in the field of prevention and fight against
domestic violence;
g) provide in his annual budget amounts to support social services and other
social assistance measures for preventing and combating domestic violence;
h) to support the local budget, in cases of serious social costs, drafting legal
documents, as well as to obtain forensic certificates for victims of family
violence;
i) to collaborate in the implementation of a system of registration, reporting and
management of cases of family violence.

NEW TEXT 11. Article 7 is modified and will have the following content
Art. 7 :
(1) local public administration authorities have the obligation to take the
following specific measures:
a) to include the issue of preventing and combating violence in the family in the
strategies and programmes for regional development, County and local;
b) to give logistic, informational and material support to the compartments with
tasks in preventing and combating domestic violence;
c) to establish, directly or in partnership, units for preventing and combating
domestic violence and to support their functioning;
d) to develop programmes to prevent and combat domestic violence;
e) to support access of domestic violence aggressors to psychological
counseling, psychotherapy, psychiatric and detox treatments; as well as to
force the victims of domestic violence, as well as the aggressors to
participate in programs of psychological counseling, psychotherapy or
appropriate psychiatric and detox treatments.

f) to develop and implement projects in the field of prevention and fight against
domestic violence;
g) provide in his annual budget amounts to support social services and other
social assistance measures for preventing and combating domestic violence;
h) to support the local budget, in cases of serious social costs, drafting legal
documents, as well as to obtain forensic certificates for victims of family

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violence;
i) to collaborate in the implementation of a system of registration, reporting and
management of cases of family violence.
OBSERVATIONS -

European level
LEGISLATIVE MODIFICATION 2 x National level
Regional level
NAME OF THE LAW Law no 25 / 2012 for amending and supplementing Law no. 217/2003 on
prevention and control of family violence, published in the Official Gazette No.
165 of March 13, 2012, law entered into force in May, 2012. Among the most
important innovations introduced by Law no. 25/2012, there are the following:
order of protection, the victim of domestic violence having the possibility to
request the court the issuance of such restraining order against the aggressor.
The methodological norms for the enforcement of Law no 25 / 2012 are
not ready yet.
SUBJECT The establishment of units for preventing and combating domestic violence
also for old people (women and men), people with disabilities and other
categories, most existing units being focuse only on mother-child couple.

ORIGINAL TEXT 17. Article 23 shall be amended and shall have the following content:

Art. 23:

(1) Units for the prevention and combat of domestic violence are:

a) emergency reception centers:

b) recovery centers for victims of domestic violence;

c) assistance centers for aggressors;

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d) centers for preventing and combating domestic violence;

e) centers for information and population awareness.

NEW TEXT 17. Article 23 shall be amended and shall have the following content:

Art. 23:

(1) Units for the prevention and combat of domestic violence are:

a) emergency reception centers:

b) recovery centers for victims of domestic violence;

c) assistance centers for aggressors;

d) centers for preventing and combating domestic violence;

e) centers for information and population awareness.

f) centers for preventing and combating domestic violence, for old people
(women and men), people with disabilities and other categories.

OBSERVATIONS -

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UNITED KINGDOM
WEST YORKSHIRE POLICE
XEuropean level
LEGISLATIVE MODIFICATION 1 XNational level
Regional level
NAME OF THE LAW Crime and Disorder Act 1998
SUBJECT That the category of offences such as assault, damage to property and
harassment (currently identified in UK law under sections 29 to 32 of the Crime
and Disorder Act 1998) also be viewed as aggravated offences when
committed against a former or current partner.
ORIGINAL TEXT As current law but with the below addition.
NEW TEXT Where any offence under this section is committed against a current or former
intimate partner it shall be regarded as an aggravated form of the offence.
OBSERVATIONS The Courts will be empowered to impose additional penalties against an
offender. This will make a positive statement about the unacceptability of
domestic abuse in the same way that the current legislation does in respect of
hate crime.

XEuropean level
LEGISLATIVE MODIFICATION 2 XNational level
Regional level
NAME OF THE LAW Crime and Disorder Act 1998
SUBJECT That local Community Safety Partnerships be required to operate Multi Agency
Risk Assessment Conferences and that members of the partnership be
required to cooperate in its functions.
ORIGINAL TEXT Current provisions in respect of section 17 will remain unchanged but an
additional subsection will create this duty under that existing section.
NEW TEXT As above
OBSERVATIONS This will ensure that all agencies cooperate to address domestic abuse and
also place a positive obligation on the partnership to ensure that these panels
are properly resourced and supported.

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X European level
NEW LEGISLATIVE PROPOSAL 1 X National level
Regional level
NAME OF THE LAW Dual Competency
SUBJECT That authorised Judges in Crown Courts be empowered to routinely rule on
all civil matters put before them in the course of also dealing with criminal
matters where it is expedient to do so.
TEXT OF THE NEW As above
ARTICLE
OBSERVATIONS Although the law has been amended to allow Courts to issue Restraining
Orders in respect of all cases where the victim may have previously been
required to seek a civil non molestation order, for example where the
defendant is acquitted, victims are still required to pursue other issues, for
example child contact, in a civil court. This would reduce the secondary
victimisation of the victim.

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X European level
NEW LEGISLATIVE PROPOSAL 2 X National level
Regional level
NAME OF THE LAW Law to create an offence of Intimate Partner Abuse
SUBJECT To make acts of coercive control between intimate partners a specific offence
of and within itself.
TEXT OF THE NEW A person shall be guilty of an offence where they engage in :
ARTICLE a pattern of controlling, coercive or threatening behaviour, violence or abuse,
which may be psychological, physical, sexual, financial or emotional, against
a person with whom they are or have been in an intimate relationship.

Controlling behaviour is: a range of acts designed to make a person
subordinate and/or dependent by isolating them from sources of support,
exploiting their resources and capacities for personal gain, depriving them of
the means needed for independence, resistance and escape and regulating
their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats,
humiliation and intimidation or other abuse that is used to harm, punish, or
frighten their victim.

OBSERVATIONS This will criminalise the range of behaviours and acts which result in a
person’s abuse but which currently generally require proof of physical or
mental harm to constitute an offence.

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X European level
NEW LEGISLAIVE PROPOSAL 3 X National level
Regional level
NAME OF THE LAW Specialist Domestic Violence Courts
SUBJECT That cases of domestic abuse be heard solely in specialist Magistrates and
Crown Courts.
TEXT OF THE NEW That Specialist Domestic Violence Courts (SDVC) be developed and
ARTICLE supported by statute to ensure that all cases which meet the national
definition of domestic abuse:
i. Are charged and bailed to the SDVC;
ii. That all case management hearings take place in that Court;
iii. That all trials are heard by those Courts;
iv. That subsequent breaches of Orders are heard by those Courts;
v. That only accredited prosecutors who have undertaken training in
domestic abuse present cases;
vi. That only accredited Judges and Magistrates who have received
training in domestic abuse sit in those Courts.
OBSERVATIONS This will set upon a statutory footing current arrangement and require
minimum standards to be complied with.

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LITHUANIA

WOMEN’S ISSUES INFORMATION CENTER

European level
Regional level
NAME OF THE LAW Law about gender/domestic violence
SUBJECT It is necessary to initiate a discussion on drafting of a special law and related
regulatory documents on elimination or interruption of domestic violence and
violence against a woman and a child, and minimisation of its consequences
in order to establish a common, clear and effective legal framework for
protection of victims.
TEXT OF THE NEW -
ARTICLE
OBSERVATIONS In discussions held over many years by all the stakeholders the support has
not been given to the proposal of drafting a special law and related regulatory
documents on elimination or interruption of domestic violence and violence
against a woman and a child providing a strict and comprehensive model of
action for the institutions and the society starting from preventive measures
and ending with clear-cut regulation for cooperation of law enforcement
institutions in case of serious criminal offence. However, drafting of such a
common regulatory enactment should be repeatedly addressed due to
various reasons.

Firstly, the international standards increasingly recognise domestic violence
and violence against a woman and a child as distinctly separate from the
general violence in the public domain, especially in that by standard
administrative or criminal procedure measures it is not possible to protect the
victim from the perpetrator on whom the victim often is materially or
psychologically dependant, and in that the perpetrator has disproportionately
more instruments of influence over the victim, therefore a special legal
regime needs to be established for protection of the victims of these
particular types of violence. The existing fragmented system of regulatory

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enactments has demonstrated that the victim’s interests and perspective is
not dominant in the event of violence and that it is suppressed by formal and
institutionally narrow perspective of application of regulatory enactments.

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Secondly, Article 6 of CRLP stipulates that in legal actions which affect a
child, the child's rights and interests shall be paramount. However, the
practice of application of the CPL shows that Article 6 and other articles of
CRLP are not applied on their merits. It is anticipated that soon in a human
rights document drafted at the EC level adult victims of domestic violence
shall be defined as a priority group. If there exist institutional resistance to
amendments of the CPL, it may be easier to transpose international law in
relation of specific groups of victims into another regulatory enactment.

Thirdly, in maintenance and adjustment of the existing legal system, technical
problems become increasingly apparent. Even for solution a relatively small
problem, amendments in several laws and CM regulations must be made thus
increasing the administrative burden and prolonging the coordination process
of draft legislation and regulatory enactments. Moreover, already now the
employees in institutions often fail to apply the regulatory enactments
correctly due to lack of legal knowledge in order to understand the existing
legal system and mutual relations of legal acts.

Fourthly, the special laws adopted by many EU and EC member States are
beginning to show their practical effect, in that in cases of domestic violence
they suggest a procedure that is different from the usual administrative and
criminal procedure. A closer link is observed between the existence of the
regulatory enactment and the state’s pr ogress in combating violence

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European level
Regional level
NAME OF THE LAW
Unified police methodology for determination of the risk of violence (lethality)
SUBJECT Regulatory enactments must enclose a well-developed unified methodology
for determination of the risk of violence (lethality) and a clear algorithm for
action of officials depending on the level of risk.
TEXT OF THE NEW
ARTICLE
OBSERVATIONS In cases of domestic violence the influence of the subjective views pertaining
to officials of justice agencies on the management of the case must be
eliminated to the greatest possible extent. United and clear action procedures
must be introduced. In the increasing number of EC member states police
are guided by methodology which is based on the risk of violence and
lethality assessment and prescribing one type of particular measures and
their intensity if the risk of violence is low, and another if the life of the victim
is under threat1. This requirement will be a part of the Council of Europe
Convention on preventing and combating violence against women and
domestic violence.

European level
Regional level
NAME OF THE LAW
Raising the competence of the institutions

SUBJECT A legal act must define a duty to officials who are a part of the institutions
involved in resolution of cases concerning domestic violence and violence

1

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against woman and child, to master the necessary knowledge, as well as
outline the most significant content elements of such training.
TEXT OF THE NEW
ARTICLE
OBSERVATIONS Currently the regulatory enactments clearly prescribe the duty of the officials
to acquire the necessary knowledge related to protection of child’s rights. The
general training program, according to Cabinet Regulations No. 729 of 27
September 2005 “Regulations regarding Procedures for the Acquisition of
Special Knowledge in the Field of Protection of the Rights of the Child and
the Content of Such Knowledge”, must be mastered by those specialists of
national and local government institutions who review the cases concerning
protection of the rights of the child. A training programme of greater
specialisation, according to Cabinet Regulations No. 984 of 5 December
2006 “Regulations regarding the Content of the Training Programme for
Chair Person of Orphan’s Court, Deputy Chair Person of Orphan’s Court and
Member of Orphan’s Court, and Procedures for its Acquisition” which must
be mastered by the employees of Orphan’s court. A similar regulation is
necessary to protect the rights of adult victims of violence.

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ITALY

COMUNE DI CESENA

European Level
Nazional Level
NEW LEGISLATIVE PROPOSAL 1 X Regional Level
NAME OF THE LAW Framework law for equality and against all forms of discrimination
SUBJECT The law aims to introduce corrective measures to address the various aspects
of people's life for the realization of egalitarian democracy and for substantial
equality:
- Guidelines addressed to the regional and local system of prevention services
and assistance in gender-based violence field;
- Inter-institutional networks and coordinated regional skills and awareness
NEW TEXT /

OBSERVATIONS Currently, the law is going to be drafted.
The criterion to guide the legislative proposal is to develop regulatory tools
designed to fill and balance the different areas of people's life through
mandatory standards or guidelines.

European level
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LEGISLATIVE MODIFICATIONS 1 x National level
Regional level
NAME OF THE LAW Art 7 del decreto 23 febbraio 2009 n. 11, convertito in legge 23/04/2009 n. 38
Article 7 of the 23 rd February 2009 Decree n. 11, converted into Law on 23rd
April 2009 n. 38
SUBJECT Article 7 of the 23th February 2009 Decree n. 11, converted into law on 23th
April 2009 n. 38 , introduced a new type of crime, namely,”persecution
acts”(atti persecutori), considered as effective only when committed by
somebody towards another person connected because of previous or current
liaison. The most common cases develop during marital or relational crisis.

There are cases too, when stalking situation can occur, especially in work
places or in such environment where women or anybody is in a weak position
(employee vs her boss), when the persecution act happen even without a
previous liaisons. Merely, the boss just tries to get a sexual contact to
somebody that on her own doesn’t not intend to get involved.

ORIGINAL TEXT Article 7. Amendment to Criminal Code

Ongoing from 25th February 2009

1.- After article 612 of the Criminal Code there’s this one:

“Art. 612 bis (persecution acts). - Unless the act constitutes a more serious
offense, it shall be punished with imprisonment from six months to four years
anyone who with repeated actions, threatens or harasses someone in a way
that causes persistent and serious state of anxiety or fear, or give rise to a
well-founded fear for self-safety or of close relative or person bound by the
same relationship or to force this person to alter its daily habits.

The penalty is increased if the offense is committed by legally separated or
divorced spouse or a person who has been connected to the victim by love
affairs. The penalty is increased up to its half if the crime is committed against
a minor, a pregnant woman or a disable person ,(Article 3 of the Law of 5

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February 1992, no. 104) , or by a person with weapons or misrepresented.
The offense is punishable on complaint by the injured party. Deadline for the
start a lawsuit is within six months. Procedures, however, start ex officio if the
offense is committed against a minor or a disabled person referring to (Article 3
of the Law of 5 February 1992, no. 104) and when the offense is connected to
another offense for which an official procedure is already carried out ».

NEW TEXT (Article. 7)

At the end of the second last sentence, first section, after the word
“misrepresented”, to add:
« The penalty shall be increate too in case the persecution occur in the work
place by a person who carry a hierarchic position superior or equal to the
victim, in order to get a sexual contact which is not intended by the victim, even
if a previous love affairs between the two lacks.
OBSERVATIONS Today in Italy it is very difficult to give proof of this situation, namely, bossing or
mobbing. It would be useful fill this gap thanks to a National law about these
particular mobbing (bossing) situations.

Livello europeo
xLivello nazionale
LEGISLATIVE MODIFICATIONS 2 Livello regionale
NAME OF THE LAW Article 612 bis of Legislative Decree number 11 of 23rd February 2009, "Urgent
measures of public safety to combat sexual violence, and persecution acts"
SUBJECT Persecution Acts - Stalking

ORIGINAL TEXT Art. 612 bis. Persecution Acts – Stalking .
Unless the act constitutes a more serious offense, it shall be punished with
imprisonment from six months to four years anyone who repeatedly threatens or
harasses someone causing a persistent and serious state of anxiety or fear, or
give rise to a well-founded fear for the self-safety or that of a close relative or
person bound by the same relationship or to force himself to alter life habits
The penalty is increased if the offense is committed by a legally separated or

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divorced spouse or a person who has been linked to the victim by emotional
relationship .The penalty is increased to half if the offense is committed against a
minor, a pregnant woman or a person with disabilities in art. 3 of Law 05.02.1992
n. 104, or by a person with weapons or misrepresented.
The offense is punishable on complaint by the injured party. Deadline for lawsuit
is six months. The procedure is conducted ex officio where the act is committed
against a minor or a person with disabilities in art. 3 law of 05.02. 1992, n.104,
and when the offence is connected with another for which the procedure is the
same.
NEW TEXT La legge rappresenta il tentativo tardivo dell’Italia di creare una risposta
normativa adeguata alla violenza sulla donna. Essa riunisce molteplici
manifestazioni di violenza in un specifica forma, lo stalking.

The law is a late Italian attempt to create a legal adequate response to violence
against women. It brings multiple manifestations of violence together in a specific
form: stalking.

The law is complete: it considers matters not referred before in our Criminal
Code and. requires for the first time at Article 11 of decree of 2009, all police
forces and health care institutions, to put women in contact with the land
network against gender-based violence, thus giving for granted that such
network is effectively working on the ground.

However, is in its fluid nature the limit: there are neither guidelines nor
modes for intervention, thus often allowing exploitation. The law Should
provide more guidelines for action in order to allow .operators to better
coordinate their action in the fight against gender- based violence.

It is mandatory to insist on specific roles and responsibilities

Additionally, protocols to direct authorities actions and relevant agencies are
essential, but these must be accompanied by instruments of economic
investment able to implement pragmatic interventions

OBSERVATIONS Polices Forces involved should know and understand in depth all the standards

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that enable them to intervene in order to create effective commitments and
coordination among competent operators: police, health-care agencies and
women centre

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BULGARIA

NATIONAL ASSOCIATION XXI CENTURY RHODOPA MOUNTAIN
INITIATIVE

X European level
x National level
LEGISLATIVE MODIFICATION 1 Regional level
NAME OF THE LAW PROTECTION AGAINST DOMESTIC VIOLENCE ACT

SUBJECT We consider that in the art. 8 of LPDV is necessary to be made amendment by
adding a new art. 5, which allows the issue of an order for protection to be
initiated in signals and evidence by the police and the assistance institution on
whose territory the domestic violence act was carried out.

ORIGINAL TEXT S. 8. The proceeding for issuing an order may be instituted:

on an application by the victim;

at the request of the Director of the Social Assistance Directorate;

whenever emergency court protection is sought, on an application by a sibling
or by a person who is a relative to the victim in the direct line irrespective of the
degree of kinship.

NEW TEXT S. 8. The proceeding for issuing an order may be instituted:

on an application by the victim;

at the request of the Director of the Social Assistance Directorate;

whenever emergency court protection is sought, on an application by a sibling
or by a person who is a relative to the victim in the direct line irrespective of the
degree of kinship.

on an application by the Police of other related institution.

OBSERVATIONS

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