Legal Definitions in the EU Member States

In the framework of the Domestic violence law, the definition of family or family in a wider definition includes spouses or parents and relatives first and second degree by blood or by marriage and by adoption children. The term “family” includes, where there is cohabitation, relatives by blood or marriage to the fourth degree and persons whose commissioner, court attendant or foster parent are designated as family member, and any minor person who lives in the family. The provisions of this law apply to a permanent companion of the man or the woman and the children, common or one of them, provided they cohabit. They also apply to the former wives and husbands.

Victim of domestic violence is also the member, in whose family was committed manslaughter by intention and fatal injury (Criminal Code, Articles 299 and 311), and the minor who witnessed one of the offenses of domestic violence.

Additionally, in the framework of the domestic sexual abuse, offender is the one who works in social care provider institution when the act is directed against a person, who receives services from that institution.

This act includes also measures for physical violence against a minor as a means of punishment in the upbringing. However, the domestic violence law does not include the former intimate partner violence.

Related information:

• An adult, who via the internet or other means of communication, acquires contact with anyone who has not completed fifteen years, gestures or indecent proposals, offends the dignity of a minor in the field of sexual life.
• Anyone who abuses the insanity or incapacity to resist of another offends the dignity of this person in the field of sexual life with lewd gestures or suggestions relating to lewd acts.

There is neither a legal definition for stalking, nor relevant legislation (however the victim can be protected by other legal provisions e.g. provisions for threat).

Special circumstances:

• Criminal Code, Article 180: 1. The preceding conduct shall be punished with prison sentences of five to ten years for assaults pursuant to Article 178, and from twelve to fifteen years for those of Article 179, when any of the following circumstances concur: 1. When the violence or intimidation made are of a particularly degrading or humiliating nature; 2. When the acts are committed by joint action of two or more persons; 3. When the victim is especially vulnerable due to age, illness, handicap or circumstances, except for what is set forth in Article 183; 4. When, in order to execute the offence, the offender has availed himself of a superiority or relationship, due to being the ascendant, descendent or brother or sister, biological or adopted or in-law of the victim; 5. When the doer uses weapons or other equally dangerous means which may cause death or any of the injuries foreseen in Articles 149 and 150 of this Code, without prejudice to the relevant punishment for the death or injuries caused. 2. Should two or more of the above circumstances concur, the penalties foreseen in this Article shall be imposed in the upper half. (Criminal Code, Article 180)

Related information:

• Sexual abuse: Whoever, without violence or intimidation and without there being consent, perpetrates acts against the sexual freedom or indemnity of another person, shall be convicted of sexual abuse, with a sentence of imprisonment from one to three years or a fine of eighteen to twenty- four months. (Criminal Code, Article 181)