144 items / 12 pages
In Italy, “violence in family or against children” includes all forms of violence perpetrated against a member of his/her own family or the partner.Observations
In the case of a long period of victim violation the perpetrator is punished for “abuse”. If the survivor was violated “just once” misdemeanours such as aggression, rape or insult are treated as single offence. If from the violence there is a serious consequence or death the perpetrator can be imprisoned up to 24 years.Legal Source
Criminal Code, Article 572
Whoever, by force or by threat or abuse of authority, forcing another person to commit or suffer sexual acts shall be punished with imprisonment from five to ten years.Observations
In February 1996 sexual violence ceased to be a “crime against public morality” and was fully recognized as a "crime against the person". Consequently, the crime of sexual violence is specifically defined by the Penal Code.Legal Source
Criminal Code, Article 609bis
Italy uses the term "sexual violence", which is: whoever, by force or by threat or abuse of authority, forces another person to commit or suffer sexual acts.Observations
The same punishment will be given to whoever induces another person to commit or suffer sexual acts by: 1) abusing the conditions of physical or mental inferiority of the victim at the time of the event, 2) misleading the victim hiding own identity.Legal Source
Criminal Code, Article 609bis
continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3) forces the victim(s) to change his/her living habits.Observations
It is considered to bethe same as stalking. In February 2009, Italy adopted an Anti-Stalking Law making a criminal offence, punishable with imprisonment ranging from six months up to four years.Legal Source
Law Decree 23 February 2009, n. 11, "Misure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonchè in tema di atti persecutori" converted into Law 23 April 2009, n. 38.The same in Art. 612-bis Penal Code: Atti persecutori
Any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits".Observations
In February 2009, Italy adopted an Anti-Stalking Law making it a criminal offence, punishable with imprisonment ranging from six months up to four years.Legal Source
Law 23 April 2009 and Criminal Code,612bis
Regulating acts in Latvia do not provide an exact definition of “violence in the family”; therefore right now it is not possible to separate domestic violence from other offences. It is only possible to receive information about separate offences under the Criminal Law and Administrative Violations Code of Latvia. However, the received information will not always reveal a connection with violence in the family.
In cases of violence against a woman or a minor in the family the guilty party is called to criminal liability according to different Sections of the Criminal Code, taking into account the way the crime was performed, its consequences and other features. Most frequently, the criminal process is instigated for inflicting various (heavy, medium or light) deliberate bodily injuries, (Articles 125-130 of the Criminal Law). It falls to the forensic experts to establish the degree of seriousness of bodily injury. The gravest crime against a woman is murder. Liability for murder is envisaged in several Sections of the Criminal Law. Thus, Section 116 of the Criminal Law envisages liability for murder performed due to personal relationships (jealousy, anger,revenge, etc.), during an argument, a fight and other similar cases without aggravating or mitigating circumstances indicated under Sections 117-122 of the CL. Section 117 of the Criminal Law, states murder of a woman who was raped and the perpetrator was aware of her pregnancy as murder under aggravated circumstances.
Criminal Law; Latvian Administrative Violations Code;Criminal Procedure Law: Law on Police:Legal provisions on protection orders
Criminal Procedure Law, Section 253: "Prohibition for approaching a specific person or location": (1) Prohibition from approaching a specific person is a restriction upon a suspect or accused, provided for with a decision of a person directing the proceedings, from being located closer than the distance referred to in a decision from the relevant person, from having physical or visual contact with such person, and using means of communication, or techniques for transferring information, in order to make contact with such person. (2) A prohibition from approaching a specific location is a restriction, provided for with a decision of a person directing the proceedings, upon a suspect or accused from visiting the relevant location, or being located closer than the distance referred to in the decision. (3) Approaching a specific person or location shall not be recognised as a violation of the prohibition referred to in Paragraphs one and two of this Section, if such approaching takes place within the framework of criminal proceedings, fulfilling the instructions of a person directing the proceedings.
Law on Police: Section 12. "General Rights of Police Officers": Police officers, in performing duties assigned to them in conformity with the competence of the service, have the right: 10) to arrest, on the basis of a written application, persons in a dwelling who are under the influence of alcohol, narcotic, psychotropic or toxic substances and may cause harm to themselves or persons nearby, as well as in cases when people nearby are afraid to remain alone with such a person and if there is no other basis for their arrest , as well as to keep such persons in custody at a police institution until sober or until the determination of the circumstances, but for not longer than 12 hours.
For a person who commits an act of sexual intercourse by means of violence, threats or taking advantage of the state of helplessness of a victim (rape), the applicable punishment is deprivation of liberty for a term of not less than two and not exceeding ten years, probationary supervision for a term not exceeding three years.Observations
- For a person who commits rape where commission is by a person who has previously committed rape or commission is by a group of persons, or who commits rape of a minor, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years, with probationary supervision for a term not exceeding three years.
- For a person who commits rape, if serious consequences are caused thereby, or commits rape of an under aged person, the applicable punishment is life imprisonment, or deprivation of liberty for a term of not less than ten years and not exceeding twenty years, probationary supervision for a term not exceeding three years.
Criminal Code, Section 159
For a person who commits pederastic or lesbian or other unnatural sexual acts of gratification, if such acts have been committed using violence or threats or by taking advantage of the state of helplessness of a person, the applicable punishment is deprivation of liberty for a term of not less than two years and not exceeding ten years, and probationary supervision for a term not exceeding three years.Observations
Special circumstances (in the same legal provision):
- For a person who commits the same acts, if commission thereof is on a minor, or is repeated, or by a person who has previously committed rape, or by a group of persons, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years and with probationary supervision for a term not exceeding three years.
- For a person who commits acts provided for in Paragraph one or two of this Section, if serious consequences are caused thereby, as well as if commission thereof is on an under aged person, the applicable punishment is a life imprisonment or deprivation of liberty for a term of not less than ten years and not exceeding twenty years and probationary supervision for a term not exceeding three years.
- For a person who commits an act of sexual connection, or pederastic, lesbian or other unnatural sexual acts of gratification, with a person who has not attained the age of sixteen years and who is in financial or other dependence on the offender, or if such offence has been committed by a person who has attained the age of majority, the applicable punishment is deprivation of liberty for a term not exceeding four years or custodial arrest or community service or a fine not exceeding two hundred times the minimum monthly wage and with or without a probationary supervision for a term not exceeding three years. (Criminal Code, Section 161)
- For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering,the applicable punishment is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty years. (Criminal Code,Section 71.2)
Criminal Code, Section 160
Prohibition of Differential Treatment:(4) Harassment of a person and instructions to discriminate against him or her shall also be deemed to be discrimination within the meaning of this Law. (7) Harassment of a person within the meaning of this Law is the subjection of a person to such actions which are unwanted from the point of view of the person, which are associated with his or her belonging to a specific gender, including actions of a sexual nature if the purpose or result of such actions is the violation of the person’s dignity and the creation of an intimidating, hostile, humiliating, degrading or offensive environment. (8) If the prohibition against differential treatment and the prohibition against causing adverse consequences is violated, an employee in addition to other rights specified in this Law, has the right to request compensation for losses and compensation for moral harm. In case of dispute, a court at its own discretion shall determine the compensation for moral harm.Observations
Related information: Section 7. Principle of Equal Rights. The rights provided for in Paragraph one of this Section shall be ensured without any direct or indirect discrimination – irrespective of a person’s race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances. Article 96 of Constitution of Latvia96. Everyone has the right to inviolability of his or her private life, home and correspondence.Legal Source
Labour Law, Section 29
Legal provisions on protection orders
In Criminal Code (Art. 72’ there are certain provisions on protection orders:- A court may impose a prohibition to approach the victim where this is necessary with a view to protecting the legitimate interests of the victim.2. Upon imposition of prohibition to approach the victim, the offender shall be prohibited, until the expiry of a time limit laid down by a court, from communicating and seeking contacts with the victim, visiting the indicated places at which the victim is usually present.3. Upon imposition of prohibition to approach the victim and where the offender and the victim share the same residential premises, a court shall place the offender under the obligation to reside separately until the expiry of a time limit laid down by the court or until solving of the issue of granting of the right to live in those residential premises to the victim or to the offenderIn Civil Code when interpersonal violence causes divorce, the court can apply temporal protection measures such as separation from living premises. (Civil Code. Book 3. Family Lawhttp://tm.infolex.lt/?item=taktai_list&aktoid=50802&strnr=3.65
In Lithuania, the term "domestic violence" is used. Domestic environment shall mean the environment comprising the persons currently or previously linked by marriage, partnership, affinity or other close relations, also the persons having a common domicile and a common household. Violence shall mean an intentional physical, mental, sexual, economic or another influence exerted on a person by an act or omission as a result whereof the person suffers physical, property or non-pecuniary damageLegal Source
Law on Protection Against Domestic ViolenceLegal provisions on protection orders
Where the fact of an incident of domestic violence is established, the following measures of protection of a victim of violence shall be imposed: 1) the obligation for the perpetrator of violence to temporarily move out of the place of residence, if he resides together with the victim of violence; 2) the obligation for the perpetrator of violence not to approach the victim of violence, not to communicate and not to seek contact therewith.
A person who has sexual intercourse with a person against his will by using physical violence or threatening the immediate use thereof, or by otherwise depriving of a possibility of resistance or by taking advantage of the helpless state of the victimshall be punished by imprisonment for a term of up to seven years.Legal Source
Criminal Code, Article 149Legal provisions on protection orders
No legal provision