Legal Definitions in the EU Member States
LithuaniaGeneral legal definitionViolence, JusticeLegal 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
LithuaniaViolence, JusticeIntimate Partner Violence
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
LithuaniaViolence, JusticeSexual Assault (excl. rape)
A person’s actions against the other person’s will to satisfy the former person’s sexual desires through anal, oral or interfemoral intercourse by using physical violence or by threatening the immediate use thereof or by otherwise depriving the victim of a possibility of resistance or by taking advantage of the helpless state of the victim.Legal Source:
Criminal Code, Article 150Legal provisions on protection orders:
No legal provision
LithuaniaViolence, JusticeSexual Harassment
A person who, in seeking sexual contact or satisfaction, harasses a person subordinate to him in office or otherwise by vulgar or comparable actions or by making offers or hints shall be considered to have committed a misdemeanour and shall be punished by a fine or by restriction of liberty or by arrest.
According to Article 1 of the Law on Equal Opportunities of Women and Men, sexual harassment is defined as offensive verbal or physical, conduct of sexual nature, towards a person with whom there are work, business or other relations of subordination. There is a general definition of harassment in the same law that unwanted conduct related to the sex of a person that occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, humiliating or offensive environment.Observations
Definition of sexual harassment, provided in the Directives, is completely transposed to the national legislation of Lithuania.
Related information: Subparagraph 5 of Article 235(2) of the Labour Code defines violation of equal opportunities of women and men or sexual harassment as a gross breach of work duties for which the violator may be imposed a disciplinary sanction (a warning, a reprimand, dismissal from work).Legal Source:
Criminal Code, Article 152; Law on Equal Opportunities for Women and Men (1998); Law on Equal Opportunities (2005) and Labour Code (2003)Legal provisions on protection orders:
No legal provision
A person who threatens to murder a person or cause a severe health impairment to him, where there is a sufficient basis for believing that the threat may be fulfilled shall be punished by community service or by a fine or by restriction of liberty or by arrest or by imprisonment for a term of up to two year. Any person who terrorises a person by threatening to blow him up, to set him on fire or to commit another act dangerous to his life, health or property or who systematically intimidates the person by using mental coercionshall be punished by imprisonment for a term of up to four yearsLegal Source:
Criminal Code, Article 145Legal provisions on protection orders:
No legal provision
LuxembourgGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
Expulsion of the author of violence from the domestic residence, in principle for 10 to 15 days
LuxembourgViolence, JusticeIntimate Partner ViolenceObservations
No specific definition, it falls under domestic violence or another form of violence to all persons who live, or have lived, together (Law of the 8th September 2003)Legal provisions on protection orders:
Expulsion of the author of violence from the domestic residence, in principle for 10 to 15 days.
Any act of sexual penetration, of whatever nature, by any means whatsoever, committed on a person who does not consent, including using violence or serious threats by ruse or artifice, or abusing a person incapable of giving consent or free to oppose resistance, constitutes rape and shall be punished by imprisonment of five to ten years.Legal Source:
Criminal Code, Article 375
LuxembourgViolence, JusticeSexual Assault (excl. rape)
Luxembourg uses the term "indecent assault": any indecent assault committed without violence or threats of persons of either sex shall be punished by imprisonment from one month to two years and a fine of 251 to 10,000 euros.Observations
Special circumstances (in the same legal provision):
- The indecent assault committed with violence or threats of persons of either sex shall be punished by imprisonment for one to five years and a fine of 251 to 20,000 euros.
- The indecent assault, committed on a person or with the person of a child of one sex or the other, under the age of sixteen years shall be punished by imprisonment of one to five years and a fine of 251 to 50,000 euros.
- The penalty shall be imprisonment of five to ten years, if the attack was committed with violence or threats, or if the child was under 11 years.
Criminal Code, Article 372 and 373
LuxembourgViolence, JusticeSexual Harassment
Constitutes sexual harassment at the time of labour relations under this chapter: any behaviour of a sexual nature or other conduct based on sex which one who is guilty of it knows or should know that it affects the dignity of a person, when the following conditions are met: 1) the behaviour is unwanted, unwanted, unreasonable and offensive to the person who is the subject;2) the fact that a person refuses or accepts such behaviour on the part of the employer, an employee, customer or supplier is used explicitly or implicitly as a basis for a decision affecting the rights of the person in vocational training, employment, job retention, promotion, salary or any other employment decision and 3) such conduct creates an intimidating, hostile, degrading, humiliating or offensive to the person who is the subject.Observations
The target behaviour can be physical, verbal or non-verbal.The intent of the behaviour is alleged.Legal Source:
Labour Code, Article 245-2
Whoever repeatedly harassed a person when he knew or should have known that by this behaviour seriously affect the tranquillity of the person, shall be punished with imprisonment of fifteen days to two years and a fine of 251 to 3,000 euros, or one of these penalties.Legal Source:
Criminal Code,Article 442-2.Legal provisions on protection orders:
The anti-stalking law does not specifically provide for stalking victim protective orders.