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Legal Definitions in the EU Member States

This resource includes the legal definitions of different types of gender-based violence used in EU Member States, according to their legal terminology and national legislation. It was last updated in 2019 and makes a reference to the United Kingdom as a member state of the European Union.

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  • Country
    Czechia
    Topics
    • Violence
    • Justice

    In the Czech Republic, "Maltreatment of a person living in a jointly occupied dwelling" means: whoever maltreats a close person or other person, that lives with him/her in jointly occupied flat or a house shall be sentenced to a term of imprisonment of six months up to four years.

    Observations

    The definition is limited only to situations of cohabitation and thus does not fully correspond to the definition of intimate partner violence.

    Special circumstances (in the same legal provision):

    • The offender shall be sentenced to a term of imprisonment of two years up to eight years, a) if he/she commits the act defined in paragraph (1) in especially cruel manner or on more than one person, b) if he/she causes grievous bodily harm, c) if the offence is perpetrated against more than two people, or d) if the contravention has continued for a prolonged period of time.
    • The offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes by the act defined in paragraph (1), a) serious bodily harm to at least two people, or b) death.
    Legal Source

    Criminal Code, Section199

    Legal provisions on protection orders

    Eviction: Act on Police No. 273/2008, Sections 44-47

    Court protection: Code of Civil Procedure, Section 76b

  • Country
    Czechia
    Topics
    • Violence
    • Justice

    Whoever forces another person by violence or threat of violence or threat of other serious harm to take part in sexual intercourse, or whoever abuses his/her inability to defend him/herself for such purpose, shall be sentenced to a term of imprisonment of six months up to five years.

    Observations

    Special circumstances (in the same legal provision):

    • An offender shall be sentenced to a term of imprisonment of two years up to ten years if he/she commits an act given in paragraph (1)a. through coitus or other sexual intercourse done in a way comparable to coitus,b. against a child, orc. with a weapon.
    • An offender shall be sentenced to a term of imprisonment of five years up to twelve years ifa. he/she commits an act given in paragraph (1) against a person under the age of fifteen years,b. he/she commits such act against a person taken into custody, being imprisoned, undergoing preventive treatment, being in protective detention, being placed into protective or institutional training or in similar institution where individual freedom is restricted, orc. he/she causes through such act severe injury to health.
    • An offender shall be sentenced to a term of imprisonment of ten years up to sixteen years if he/she causes death through an act given in paragraph (1).
    • Preparation is punishable.
    Legal Source

    Criminal Code, Section 185

    Legal provisions on protection orders

    The general personal injunction (Code of Civil Procedure, Section 76b(1)b) could be used in theory to prevent contact between the perpetrator and the victim. However, it has not been used so far.

  • Country
    Czechia
    Topics
    • Violence
    • Justice

    In the Czech Republic, sexual assault is covered by several offences:

    Sexual Coercion

    • 1. Whoever forces other person by violence or threat of immediate violence or threat of other serious injury to health to self-gratification, denudation or other similar behaviour, shall be sentenced to a term of imprisonment of six months up to four years or prohibition of activity.
    • 2. The same sentence shall be imposed on a person who shames induces another to sexual intercourse, self-gratification, denudation or other similar behaviour while abusing another’s dependence, defencelessness or his/her own status and credibility and authority arising there from.
    • 3. An offender shall be sentenced to a term of imprisonment of one year up to five years if he/she commits an act given in paragraph (1) and (2)
      • d. against a child, or
      • e. at least with two persons.
    • 4. An offender shall be sentenced to a term of imprisonment of two years up to eight years if
      • d. he/she commits an act given in paragraph (1) with a weapon,
      • e. he/she commits an act given in paragraph (1) or (2) against a person taken into custody, being imprisoned, undergoing preventive treatment, being in protective detention, being placed into protective or institutional training or in similar institution where individual freedom is restricted, or
      • f. he/she commits such act as a member of organized group.
    • 5. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if
      • d. he/she commits an act given in paragraph (1) against a child under the age of fifteen years, or
      • e. he/she causes through such act severe injury to health.
    • 6. An offender shall be sentenced to a term of imprisonment of ten years up to fifteen years if he/she causes death through an act given in paragraph (1) or (2).
    • 7. Preparation is punishable.

    Sexual Abuse

    • 1. Whoever has sexual intercourse with a person under the age of fifteen years, or who sexually abuses such person in any other way, shall be sentenced to a term of imprisonment of one year up to eight years.
    • 2. An offender shall be sentenced to a term of imprisonment of two years up to ten years if he/she commits an act given in paragraph (1) against a child under the age of fifteen years under his/her supervision, thereby abusing such person’s dependence or his/her own status and credibility and authority arising there from.
    • 3. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes severe injury to health through an act given in paragraph (1).
    • 4. An offender shall be sentenced to a term of imprisonment of ten years up to sixteen years if he/she causes death through an act given in paragraph (1).
    • 5. Preparation is punishable.

    Abuse of an entrusted person

    • 1. Whoever abuses a person who is in his/her care or upbringing shall be sentenced to a term of imprisonment of one year up to five years.
    • 2. An offender shall be sentenced to a term of imprisonment of two years up to eight years,
      • a. if he/she commits an act given in paragraph (1) in especially cruel or harrowing manner,
      • b. if he/she causes through such an act severe injury to health,
      • c. if he/she commits such an act to at least two persons, or
      • d. if he/she commits such an act for longer time.
    • 3. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes through an act given in paragraph (1)
      • a. a severe injury to health to at least two persons, or,
      • b. death.
    Legal Source

    Criminal Code, Sections 186, 187 and 198

  • Country
    Czechia
    Topics
    • Violence
    • Justice

    (Section 2) 3. Direct Discrimination shall mean an act, including omission, where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions.

    (Section 3):

    • 1. Harassment shall mean any unwanted conduct associated with the grounds specified in Sec. 2, paragraph 3,
      • a. taking place with the purpose or effect of diminishing the dignity of a person and creating an intimidating,, hostile, degrading, humiliating or offensive environment, or
      • b. which could be legitimately perceived as a precondition for a decision affecting the exercise of rights and obligations following from legal relations.
    • 2. Sexual harassment shall mean any conduct of a sexual nature under paragraph 1 above.
    Legal Source

    Antidiscrimination Act of 2009

  • Country
    Czechia
    Topics
    • Violence
    • Justice

    In the Czech Republic, "dangerous pursuit" is: who pursues another long-term by c.) threatening them or a person close to them with harm to health or another harm; d) seeking their proximity or tracking them; e) persistently contacting them by means of electronic or written or other communication; f) restricting them in their usual lifestyle; g) abusing their personal information in order to secure personal or other contact, and thus instils in another a justified concern for their life or health, or the life or health of persons close to them, will be punished with imprisonment of up to one year or with a ban on an activity.

    Observations

    The offender shall be sentenced to six up to three years if he/she commits the act a) against a child or pregnant woman; b) with a weapon, or c) at least with two persons.

    The provision on stalking was originally not part of the Criminal Code as proposed by the government, but was inserted by the Constitutional Committee of the Chamber of Deputies.

    Legal Source

    Criminal Code,Section 354

    Legal provisions on protection orders

    Eviction injunction (An eviction order by the police is used only in the context of domestic violence, Act No. 273/2008 Coll. on Police, Section 45(1))

  • Country
    Denmark
    Topics
    • Violence
    • Justice
    Observations

    Generally incident of threatening behaviour , violence or abuse are covered by the Penal Code

    Legal Source

    https://www.retsinformation.dk/Forms/r0710.aspx?id=142912

  • Country
    Denmark
    Topics
    • Violence
    • Justice
    Observations

    The Danish Penal Code does not have a specific paragraph for intimate partner violence. It is prosecuted on the basis of the general paragraphs for crimes of physical, sexual, psychological or financial violence (Criminal Code, Chapters 23, 24, 25, 26 and 27).

    Legal provisions on protection orders

    Law on Social, Section 109: The municipal council shall provide temporary accommodation for women who have experienced violence, threats of violence or any similar crisis in relation to family or marital status. Women may be accompanied by children, and they receive during their stay care and support.

    Since 2004 it has been possible to expel violent men from home and/or to impose a restraining order (Act No. 112 of 2012)

  • Country
    Denmark
    Topics
    • Violence
    • Justice

    A person who enforces intercourse by violence or threat of violence, is guilty of rape and can be charged with imprisonment up to 8 years.

    Legal Source

    Criminal Code, Section 216

    Legal provisions on protection orders

    In Denmark we have regional centres for victims of sexual assault and rape. They play an important role in securing traces.

  • Country
    Denmark
    Topics
    • Violence
    • Justice
    Observations

    In Danish law there does not exist a specific definition of sexual assault. These kind of crimes are covered by the Criminal Code, of which the relevant chapters are 23: Crimes of family relationships; 24: Crimes against sexual morality; 25: Crimes against life and body; 26: Crimes against personal liberty; 27: Violation of personal freedom.

    Legal provisions on protection orders

    In Denmark there are regional centres for victims of sexual assault and rape, which play an important role in securing traces.

  • Country
    Denmark
    Topics
    • Violence
    • Justice
    Observations

    Sexual harassment is not mentioned in the Criminal Code. But “blufærdighedskrænkelse”, best translated as indecent exposure by touching, exposing oneself, spying on someone or by verbal and other lasciviousness, is considered to be a crime. (Mainly Criminal Code, paragraph 232)

  • Country
    Denmark
    Topics
    • Violence
    • Justice
    Observations

    Stalking cannot in itself lead to prosecution, but it can lead to increased punishment for criminal offenses performed while stalking of a person.

    Legal provisions on protection orders

    Act No. 112 of 03/02/2012: byrestraining order a person can be prohibited to seek out another in person, orally or in writing, including by electronic communications or otherwise contact or follow the other.

  • Country
    Estonia
    Topics
    • Violence
    • Justice
    Legal provisions on protection orders

    In cases of physical abuse and threatening (not specifically VAW), it is possible to apply the restraining order which is defined in the Code of Criminal Procedure, § 141. Temporary Restraining Order.

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