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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.
ObservationsThe 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 SourceCriminal Code, Section199
Legal provisions on protection ordersEviction: Act on Police No. 273/2008, Sections 44-47
Court protection: Code of Civil Procedure, Section 76b
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- Czechia
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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.
ObservationsSpecial 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 SourceCriminal Code, Section 185
Legal provisions on protection ordersThe 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.
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- Czechia
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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 SourceCriminal Code, Sections 186, 187 and 198
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- Czechia
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(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 SourceAntidiscrimination Act of 2009
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- Czechia
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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.
ObservationsThe 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 SourceCriminal Code,Section 354
Legal provisions on protection ordersEviction 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))
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- Denmark
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ObservationsGenerally incident of threatening behaviour , violence or abuse are covered by the Penal Code
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- Denmark
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- Violence
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ObservationsThe 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 ordersLaw 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)
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- Denmark
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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 SourceCriminal Code, Section 216
Legal provisions on protection ordersIn Denmark we have regional centres for victims of sexual assault and rape. They play an important role in securing traces.
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- Denmark
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ObservationsIn 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 ordersIn Denmark there are regional centres for victims of sexual assault and rape, which play an important role in securing traces.
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- Denmark
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ObservationsSexual 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)
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- Denmark
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ObservationsStalking 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 ordersAct 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.
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- Estonia
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- Violence
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Legal provisions on protection ordersIn 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.
144 items / 12 pages