19.04.2023

Domestic Violence Police Domestic Violence Police Team in BrnoTeam in Brno

1st LT Mgr. Bc. Alena SKOUMALOVÁ1st LT Mgr. Bc. Alena SKOUMALOVÁ

EUROPE AGAINST DOMESTIC VIOLENCEEUROPE AGAINST DOMESTIC VIOLENCE

• Need to follow history of DV (centralized)Need to follow history of DV (centralized)

• Different communication pattert towards victims and Different communication pattert towards victims and perpetratorsperpetratorso Knowledge of DV, risk of secondary victimizationKnowledge of DV, risk of secondary victimization

• Time-consuming job (interviewing victims, local Time-consuming job (interviewing victims, local investigation of higher quality)investigation of higher quality)

• Need to do as much operation in short time as possibleNeed to do as much operation in short time as possible

• Specific crime law procedures (witnesses, expert Specific crime law procedures (witnesses, expert witnesses)witnesses)

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Specific features of police Specific features of police work in relation to DVwork in relation to DV

Reasons for establishing of DV Reasons for establishing of DV Police TeamPolice Team• Improving approach towards DVImproving approach towards DV• Better personal and local knowledge in specific Better personal and local knowledge in specific

area of crimearea of crime• Profesionalization of police officersProfesionalization of police officers• Improving cooperation possibilities (for whole Improving cooperation possibilities (for whole

city)city)o Joining Interdisciplinary Teamo Direct cooperation with all institutions working with DV

in the city

• Created: Created: 1. 4. 20051. 4. 2005

• Permanent part of organization Permanent part of organization 1. 7. 20071. 7. 2007(as 2nd unit of Common crime DPT.)(as 2nd unit of Common crime DPT.)

• Changing place in organization Changing place in organization 1. 1. 20091. 1. 2009(part of 4th unit of Common crime DPT.)(part of 4th unit of Common crime DPT.)

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History of DV Police Team History of DV Police Team developmentdevelopment

• PersonalPersonalo 88 men meno 3 3 womanwomano 11 officer in charge (woman) officer in charge (woman)o 11 assistant (civil emploee) assistant (civil emploee)

• ShiftsShiftso 6:00-22:00 – operational shift (accepting complaints, 6:00-22:00 – operational shift (accepting complaints,

comming to the scene if called etc.)comming to the scene if called etc.)o 7:00-15:00 – „file“ shift (working on cases)7:00-15:00 – „file“ shift (working on cases)o 22:00-6:00 – on phone (possible to be called to the scene)22:00-6:00 – on phone (possible to be called to the scene)

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Current personal situationCurrent personal situation

• Responsibility for DV cases in whole city Responsibility for DV cases in whole city includesincludeso Consultations Consultations with citizens (victims, their friends etc.) with citizens (victims, their friends etc.)

and police officersand police officers

o Findings Findings (records) with possible furhter inquiries(records) with possible furhter inquiries

o Minor offencesMinor offences

o Crimes Crimes – mostly § 199– mostly § 199

o All All evictionsevictions

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AgendaAgenda

Comming to the scene

Preliminary investigation

Criminal investigation

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Results in numbersResults in numbers

2005 2006 2007 2008 2009 2010 2011

Evictions X X 40 37 24 17 38

Minor offences 179 310 279 285 297 286 196

crimes 41 78 76 69 58 61 44

• Since 1. 1. 2010 augmented of Since 1. 1. 2010 augmented of stalking casesstalking cases

• Reasons:Reasons:• 50% of cases = ex-partner stalking50% of cases = ex-partner stalking

(previous DV history in relationship)(previous DV history in relationship)

• New crime for policeNew crime for police

• Difficult to prove vs. low punishmentDifficult to prove vs. low punishment

• Possible dangerousness for victimsPossible dangerousness for victims

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TasksTasks

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Minor offences cases and Minor offences cases and expulsion in praxisexpulsion in praxis

LT. Bc. Andrea KORNETOVÁLT. Bc. Andrea KORNETOVÁ

EUROPE AGAINST DOMESTIC VIOLENCEEUROPE AGAINST DOMESTIC VIOLENCE

• Most common• Against civic coexistence § 49 sec 1 par. a) or c) Act

No. 200/1990 of Minor Offences(such as invectives, rude and derogatory behaviour and minor frays)

• Possible also• Against property § 50 Act No. 200/1990 Sb.(if partners are married – necessity to find out who is the owner, extent of common

property)

• § 68 – case can be tried only on proposal of the victim(impending sanctions: reprehention, financial sanction, banning of particular activity)

Most frequent minor offences in DV cases

Criteria of distinction between crime and minor offence

• Criteria:o Intensity of violence (how serious attacs are)

o Frequency and length of time (perpetrator must act steadily and repeatedly)

• Relation between crime criteriao Inverse proportionality (even short time of serious violence is sufficient

to cross the line of crime vs. less serious violence lasting long enought can be prosecuted)

Clearing up of minor offences

• According to Act No. 200/1990 and internal police guidelinesnecessary inquiry about the identity of the perpetrator and whether this person is suspected to commit a crime

• Possibility of prevention in minor offences cases suitable also to ask for statement of suspected persons with possible explenation what the consequences might be in the future if DV does not stop

• Evidence gatheredsearch of premises suitable, photo documentation, medical reports, weapons etc.

DV is ongoing

In minor offences cases – only single attacs(or minor attacs in short time)

•In these cases is necessary to find out about relation history to rule out or confirm crime)

•Centralization under one police unit is practical with jurisdiction for the area of whole city – knowledge of families affected by DV

•Prevention of DV repentance

Evidence in DV cases• What evidence is usually used in cases of

minor offences:• Interview report of

• Persons living in the household• neighbours• Family, friends• Teachers, medical staff, social workers (only in

exceptional cases)• Medical documentation• Search of premisess and photo documentation

EVICTION in praxisEVICTION in praxis

LT. Bc. Andrea KORNETOVÁLT. Bc. Andrea KORNETOVÁ

EUROPE AGAINST DOMESTIC VIOLENCEEUROPE AGAINST DOMESTIC VIOLENCE

Eviction in praxis

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According to the Police Act eviction is:• preventive measure• from the household and its vicinity• for the period of 10 days• legal conditions must be fulfilled:

the police officer comes to the conclusion that with respect to previous attacks there is reasonable belief a person will commit dangerous attact against live, health or freedom or very serious attack against human dignity

EvictionProcedure of Police officer at the place at the place of incident

• Acknowledegment of evictionIf there are any objections, they are to be written down in the acknowledgement

• Instructions for victim / perpetrator

• Victim is given contact to supporting organisations

• Perpetratoro Is given list of accomodation facilitieso must hand over all keys to the house hold giveno Is allowed to pick up his belonging neccessary for 10 days

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EvictionProcedure of Police officer after after eviction is finished

Within 24 hours since entry of the household „Official report of eviction” must be written down and sent to

a) Intervention centre

b) District court

c) Children Social-Care Authority (if child living in the household)

In 3 days after eviction control must be performed to check whether the perpetrator abides the eviction rules - If broken, perpetrator is accountable for:- Minor offence

- Crime (if violated repeatedly or seriously)

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Stalking criminal proceedings

LT. Mgr. Andrea KORNETOVÁLT. Mgr. Andrea KORNETOVÁ

EUROPE AGAINST DOMESTIC VIOLENCEEUROPE AGAINST DOMESTIC VIOLENCE

Provision in Penal Code § 354/1

Who persecutes other person in following ways

• Threatens by bodily or other kind of harm,

• Haunts personal proximity of the person or pursues her,

• Perseveringly contacts her by means of electronic communication, in writing or in other way,

• Hampers her in usual way of life or

• Makes ill use of personal data in order to gain personal or other contact,

and by this behavior is capable to rise reasonable fear for life or health,

will be punished by imprisonment up to 1 year or prohibition of activity.

Provision of Penal Code § 354/2

By imprisonment from 6 months up to 3 years will be punished perpetrator who commits this crimea)Against a child or pregnant woman,

b)Using a weapon,

c)At least with other two persons.

Criteria of crime distinction

Necessary to determine• breaking point - when the activity is already against

the law – clear message• Level of risk - when the perpetrator is already

dangerous

Examples of crime frontier• Repetance = more than 8-10 contact attempts• Lasting period = period of at least 4 - 6 weeks

Relation between intensity and time

• The more dangerous the behavior of perpetrator is, the shorter period is sufficient to fulfill this crime

• Neccesary assess every case individually according to:o Seriousness of behavioro Impact of the behavior on the victim

Police procedure against the perpetrator

• Swift and fierce if possible• Gathering of evidence against the perpetrator• Police officer contacts the perpetrator with aim to

perform goal directed interview (information and clear message)o Goal: to gain important information about level of

dangerousness of the perpetrator + official and clear prompt to end his behavior)

Police procedure

• Using legal options according to the criminal procedure

• Often summary procedure performed – case goes very swiftly to the court

• If there are reasonable doubts of the mental health of the perpetrator, usually expert witness is asked to give his opinion – investigation takes longer

CASE STUDY

Questions?

Contacts:LT. Bc. Andrea Kornetová

•tel. (974) 625 529• e-mail (internet): bmdnasil@mvcr.cz

Criminal proceedingsin cases of DV

LT. Mgr. Jaromír PluskalLT. Mgr. Jaromír Pluskal

EUROPE AGAINST DOMESTIC VIOLENCEEUROPE AGAINST DOMESTIC VIOLENCE

§199 Maltreatment of a person living in a sharad household

(1)Who maltreats close person or other person living in the shared househodl will be punished by imprisonment from 6 months up to 4 years. → crime

(2)By prison from 2 up to 8 years will be punished perpetrator whoa.Commits this crime in very cruel or tormentous way,b.Causes serious bodily harm,c.Commits this crime on at least 2 persons ord.Commits such crime for longer period of time.

→ felony – obligatory legal help of barrister

Crime of DV in Penal Code

§199 Maltreatment of a person living in a sharad household

(3) By imprisonment from 5 up to 12 years will be sentenced perpetrator who will causea)serious bodily harm to at least 2 persons orb)death

→ extra serious felony

•There is no assent of victim necessary for prosecution•It is possible to be sentenced for this crime together with other crimes as well•Misprision of treason is not prosecutable

Crime of DV in Penal Code

• How does the police find out about DVannouncement of the victim, institution, witness, own findings etc.

• When is DV announced?at the time of incident of soon after when the violence in unbearable or everts from usual boundaries

• First operation of police officers:1. stopping of further violence2. ensuring medical help3. providing with necessary information4. preserving of crime zone5. contacting of specialists from DV unit

Police procedure in DV cases

Member of DV Police Unit1. evaluates the behaviour as

a) not police matterb) minor offencec) crime

2. Gives orders to patrol police officers (to arrest, to preserve place of crime, to write down report about the initial findings)

3. Collects evidence on the spot (search of premises, safeguard of a proof, photodocumentation etc.

Police procedure in DV cases

If there is suspicion of a crime police will

• Accept crime report and will write down protocol with announcer

• Write down report for prosecutor (start of criminal proceedings) it is possible to use rights of police in criminal proceedings

• Carries out other operations such as finding of witnessess and documents their statements

Police procedure in DV cases

Other steps of police in criminal proceedings:

•Interrogation of suspect (with or without barrister)

•Collecting further evidence (such as medical reports, expert witness report about injuries, report from the vicinity, crime records, reports from other institutions)

•If there is reason to belive crime was commited and suspect is guilty, investigation starts and „suspect“ becomes „accused“

Police procedure in DV cases

Accused person may:- use its rights – for example to defend (to

suggest evidence, inspect the file, refuse to give his statement, to choose barrister, be present at acts and operations if possible)

- be arrested or taken into custody

Police procedure in DV cases

Ending of investigationIf the evidence is strong enough to file charge against the accused person

•This person and its barrister have right to inspect the file and suggest supplement of investigation

•Police will submit the case to the state prosecutor with proposal to charge accused person or with proposal to stop the investigation

•Charge is filed to the court by the state prosecutor

Police procedure in DV cases

• Announcer lives with her husband and 2 infant sons in house, she claims to be maltreated together with both children for many years both physicaly and psychicaly

• Police arrested suspect, eviction and custody followed, suspect denied any maltreatment of his family whatsoever

• Expert witness was asked to give his oppinion• State prosecutor charged the person with possible

penalty between 2 and 8 years of prison• Husband was sentenced, after he had taken appeal of

procedure is now running

CASE STUDY

Further informationFurther information

www.bkb.czwww.donalinka.czwww.charitabrno.czwww.llp.czwww.magdalenium.czwww.rosa-os.czwww.spondea.czwww.persefona.czwww.domacinasili.infowww.stopnasili.cz

Questions?

Contacts:LT. Mgr. Jaroslav PLUSKAL

•tel. (974) 625 533• e-mail (internet): bmdnasil@mvcr.cz