Domestic Violence Police Team in Brno 1st LT Mgr. Bc. Alena SKOUMALOVÁ EUROPE AGAINST DOMESTIC VIOLENCE

Need to follow history of DV (centralized)Need to follow history of DV (centralized) Different communication pattert towards victims and perpetratorsDifferent communication pattert towards victims and perpetrators o Knowledge of DV, risk of secondary victimization Time-consuming job (interviewing victims, local investigation of higher quality)Time-consuming job (interviewing victims, local 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 witnesses)Specific crime law procedures (witnesses, expert witnesses) 2 Specific features of police work in relation to DV

Reasons for establishing of DV Police Team Improving approach towards DVImproving approach towards DV Better personal and local knowledge in specific area of crimeBetter personal and local knowledge in specific area of crime Profesionalization of police officersProfesionalization of police officers Improving cooperation possibilities (for whole city)Improving cooperation possibilities (for whole city) o Joining Interdisciplinary Team o Direct cooperation with all institutions working with DV in the city

Created: Created: Permanent part of organization (as 2nd unit of Common crime DPT.)Permanent part of organization (as 2nd unit of Common crime DPT.) Changing place in organization (part of 4th unit of Common crime DPT.)Changing place in organization (part of 4th unit of Common crime DPT.) 4 History of DV Police Team development

PersonalPersonal o 8 men o 3 woman o 1 officer in charge (woman) o 1 assistant (civil emploee) ShiftsShifts o 6:00-22:00 – operational shift (accepting complaints, comming to the scene if called etc.) o 7:00-15:00 – „file“ shift (working on cases) o 22:00-6:00 – on phone (possible to be called to the scene) 5 Current personal situation

Responsibility for DV cases in whole city includesResponsibility for DV cases in whole city includes o Consultations with citizens (victims, their friends etc.) and police officers o Findings (records) with possible furhter inquiries o Minor offences o Crimes – mostly § 199 o All evictions 6 Agenda Comming to the scene Preliminary investigation Criminal investigation

7 Results in numbers EvictionsXX Minor offences crimes

Since augmented of stalking casesSince augmented of stalking cases Reasons:Reasons: 50% of cases = ex-partner stalking (previous DV history in relationship)50% of cases = ex-partner stalking (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 8 Tasks

Minor offences cases and expulsion in praxis LT. Bc. Andrea KORNETOVÁ EUROPE 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 criteria o 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 guidelines necessary 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 gathered search 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 praxis LT. Bc. Andrea KORNETOVÁ EUROPE AGAINST DOMESTIC VIOLENCE

Eviction in praxis 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

Eviction at the place Procedure of Police officer at the place of incident Acknowledegment of eviction If there are any objections, they are to be written down in the acknowledgement Instructions for victim / perpetrator Victim is given contact to supporting organisations Perpetrator o Is given list of accomodation facilities o must hand over all keys to the house hold given o Is allowed to pick up his belonging neccessary for 10 days

Eviction after Procedure of Police officer 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)

Stalking criminal proceedings LT. Mgr. Andrea KORNETOVÁ EUROPE 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 crime a)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 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 behavior o 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) (internet):

Criminal proceedings in cases of DV LT. Mgr. Jaromír Pluskal EUROPE 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 who a. Commits this crime in very cruel or tormentous way, b. Causes serious bodily harm, c. Commits this crime on at least 2 persons or d. 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 cause a)serious bodily harm to at least 2 persons or b)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 DV announcement 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 violence 2. ensuring medical help 3. providing with necessary information 4. preserving of crime zone 5. contacting of specialists from DV unit Police procedure in DV cases

Member of DV Police Unit 1.evaluates the behaviour as a) not police matter b) minor offence c) 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 investigation If 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 information Further information

Questions? Contacts: LT. Mgr. Jaroslav PLUSKAL tel. (974) (internet):