Criminal Procedure Act
The Criminal Procedure Act of 2008 (Official Gazette No. 152/08, 76/09, 80/11, 121/11), along with other novelties, has changed the position of the victim of criminal offence in criminal proceedings.
While the victim under the 1997 Law (Official Gazette No. 110/97, 27/98, 58/99, 112/99, 58/02, 143/02, 62/03, 178/04, 115/06), was not a special party in the process, according to the new Law, she has a special status of special party, with special procedural rights.
The victim in the criminal proceedings can act as the injured person, which means that she is entitled to all the rights that belong to the injured (see catalog of the rights of injured person in the Article 47, CPC, 2008), with a special emphasis on the possibility of continuing the prosecution that the State Attorney’s Office gave up on, alerting you to the facts and proposing evidence and acting as holder of the property claim.
The law classifies groups of victims in several categories and each category according to affiliation, grants certain rights to victims.
Available at: http://www.zakon.hr/z/174/Zakon-o-kaznenom-postupku
Law on Protection against Family Violence
A milestone in the protection of women against domestic violence represents adoption of the Law on Protection from Domestic Violence, enacted in 2003. The Law, except from defining the most important terms associated with violence in the family, determines penalties for perpetrators of violence and protective measures that can be imposed on a perpetrator under certain circumstances.
The new Criminal Code came into force on January 1, 2013. This Code repealed the offense of Violent conduct within the family (Article 215a of the Criminal Code, Official Gazette No. 110/97 with numerous amendments), but further enhanced the protection of all family members from violence because violence towards family members is defined as more serious form of a series of other crimes (e.g. bodily injury, serious bodily injury, rape and other), and is punishable by more severe penalties.
Crimes against sexual freedom are covered by Chapter XVI of the Criminal Code and the provisions of Articles 152 to 157 of Criminal Code.
Available at: http://www.zakon.hr/z/98/Kazneni-zakon
Regulation of domestic violence in the Family Law is primarily focused on the protection of children from other family members and bind parents to taking action to protect children from abusive family members, but also includes provisions on personal rights and responsibilities of spouses (Article 32), which implies mutual support, mutual respect and equality of spouses.
Available at: http://www.zakon.hr/z/88/Obiteljski-zakon
RULES OF PROCEDURE IN CASE OF SEXUAL VIOLENCE
On November 29, 2012, the Government of the Republic of Croatia adopted, at the suggestion of the Office for Gender Equality, the Rules of Procedure in Cases of sexual violence.
The protocol includes:
- obligations of authorities and other components involved in the detection and prevention of sexual violence and providing assistance and protection to persons exposed to sexual violence;
- forms, methods and areas of cooperation between the competent authorities and other components involved in the detection and prevention of sexual violence and providing assistance and protection to persons exposed to sexual violence;
- final regulations prescribing procedures consistent with the Rules.
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