Who does what
Violence is not your responsibility and you cannot be blamed for it. You are not a reason for anyone’s violent behavior. You want security, freedom of choice and satisfaction in life. Make a decision. Choose life without violence. You are not alone. There are people who are ready to help you and who are here for you. Check out places where you can get information and support.
Source: Rules of Procedure in Cases of Domestic Violence, the Republic of Croatia State Attorney’s Office
THE POLICE
are obliged to respond to your call, collect information and data on violence, bring the perpetrator in and keep him in detention if the legal requirements are fulfilled. File criminal or misdemeanor charges against the perpetrator, seek custody for the perpetrator and protection measures for you. The police are also required to inform you about your rights and options for accommodation in shelters or homes for children and adult victims of domestic violence.
Promptly send to the location of event, when possible, at least two police officers (preferably of both sexes) to verify the report or request (verification must be made even in the case the house or apartment is closed).
Undertake immediate measures to immediately protect and provide necessary medical and other assistance to the person injured by violence, and to prevent the perpetrator from further violent behavior.
Gather evidence and collect information necessary to clarify and prove the misdemeanor or criminal offenses of violent conduct within a family.
Gather evidence and collect information in a manner that will provide an opportunity for the victim to communicate freely and without fear with the police officer, in the separate areas, without the presence of the perpetrator of violence, any information relevant for the identification of violence.
If information is obtained about illegal or legal possession of weapon, the necessary measures will be undertaken to locate and seize it as well as file criminal charges.
Bring the perpetrator to the police station and keep him in detention, file the request for a misdemeanor procedure due to misdemeanor or file the criminal charge for the offence and escort the perpetrator to the misdemeanor judge or investigative magistrate.
Seek the appropriate protective measures or safeguards.
If the misdemeanor judge does not order detention, or the investigating magistrate does not rule that the accused person is kept in custody, the victim shall be immediately informed.
If the victim is a child or a minor, or he/she is a witness of violence, proceedings are taken over by police officers specialized for juvenile delinquency.
Inform the victim of violence about her legal rights, especially the protective measures and the measures and actions that police will further implement against the perpetrator of violence.
If a victim of violence seeks placement in a shelter or home for children and adults who are victims of domestic violence, the center for social welfare will be asked to promptly place the victim in an adequate shelter, and if the center is not able to take the victim to the shelter, police officers will take her to the shelter, respecting the confidentiality and security of the shelter.
If there is a need to find urgent accommodation for a victim of domestic violence, particularly a child or a minor, or conduct an interview with a child or a minor, social worker from the center for social welfare should be immediately invited to come and intervene.
Enter the data about the offense, the perpetrator and the victims, the proposed and undertaken police protective measures in the Records of Offences of Violent behavior in the family.
In case the violence is committed by a person treated for alcoholism or other addictions, and / or by persons with mental disturbance, immediately notify the center for social welfare in order to undertake measures stipulated by law.
CENTERS FOR SOCIAL WELFARE
are obliged to report violence to the police, to inform you about your rights and assist you in exercising these rights. In urgent cases, such as taking measures to remove the immediate threat to life and health, the center shall pass verbal decision for your immediate protection, and order the execution of the decision without delay.
Immediately upon receipt of such information report it to the police regardless of whether it was already reported by another body, and immediately open a file.
Inform the victim of violence of her legal rights, especially the rights of the child, about the competence and procedures of the center for social welfare, as well as measures and actions that center for social welfare will further undertake.
Together with the victim of violence develop her security plan, facilitate the realization of the right to free legal aid and representation at the Croatian Bar Association, the right to free medical care, or refer her to the appropriate counseling.
In the case of criminal or misdemeanor proceedings, consider whether interests and rights of the child are completely protected, if not, nominate a child’s guardian.
Allow the victim to freely and fearlessly express all the facts relevant to the determination of violence.
Urgently establish the relevant facts through means of investigation and other appropriate means (interviews with the staff of educational institutions, family physician and all other persons who could provide valid information).
Employees of the center for social welfare are required to write a note, report, or record for every action taken in the case of domestic violence.
After collecting all the necessary facts, the center for social welfare carries out the procedure for the realization of the rights of the victim and children, pursuant to the Act on Social Welfare.
In case of family violence committed by a parent who does not live with the child, it should be considered whether it is necessary to make a decision prohibiting the parent’s visits and gatherings in regards to the interests of the child.
In urgent cases, such as taking measures to remove the immediate threat to the life or health of a family member-victim of family violence, center for social welfare shall act ex officio and issue an oral decision for the immediate protection of victims, especially children, and order the execution of the decision without delay.
Employee of the center for social welfare is bound to respond immediately to the call from the police for the purpose of providing immediate care to a child or minor, and for an interview in proceedings related to family violence.
HOSPITALS
are required to report violence to the police according to the Law on Protection from Family Violence, perform a thorough examination to determine the type of injuries you suffered.
Determine the cause and means by which the injury was caused and conduct a complete medical examination.
Talk with the victim about possibilities of resolving the problem, advise her, refer the victim to other means of support provided by non-governmental organizations, and inform her about her statutory rights and further processing depending on the needs.
In case of physical injury caused by a family member, physician of the Emergency Care, or primary care physician is obliged to fill out the Report of Injury / Illness form No: 030911 or No: 03 055, according to the Law on Protection against Family Violence, and mark the report with the number containing date, month and year in which the injury occurred (marking the section 4). The form must be entered in a separate protocol and the file of the patient.
At the request of the State Attorney’s Office or the police, medical institutions are obliged to submit all documentation that is relevant for the clarification of the case and presentation of evidence related to the criminal offense.
If the perpetrator of family violence is a person with mental disturbance or has been treated for alcoholism and other addictions, when necessary, he should be referred to treatment or involuntary hospitalization and the Centre for Social Welfare and the police should be informed, and medical professionals must inform the victim before his release.
THE STATE ATTORNEY’S OFFICE
is obliged to consider report of violence by the police or you, and solve it by initiating criminal proceedings or dismissing the case. If the State Attorney’s Office dismisses the charges, they must notify you.
The State Attorney’s Office is obliged to record the report or any other statement from the citizens in order to perform the actions for which it is authorized.
If the person receiving the statement determines that it is not founded, he or she shall inform the party that gave the statement. If after this information the party requests acceptance of the statement, it will be recorded and the information given to the party will be noted in the file.
In each case where a known natural or legal person filed criminal charges, the State Attorney’s Office must solve charge.
If the perpetrator is unknown, the State Attorney’s Office will request from the police to identify the perpetrator. When the perpetrator is known, the State Attorney’s Office shall, immediately or after investigative actions, solve criminal charges either by initiating criminal proceedings or by dismissing charges.
If the State Attorney’s Office dismisses the charges, it shall notify the victim, who can take over the prosecution, and in certain cases defined by the law, it will notify the applicant. If criminal charges were dismissed, the victim has a right to undertake a criminal prosecution.
COURTS
govern criminal or misdemeanor proceedings, and upon request must inform you of your rights, the outcome of the procedure and give you a copy of the valid ruling.
The court before which the misdemeanor or criminal case is being processed, connected to the protection and interest of the child will inform the competent social welfare centre and the police on the start of the proceedings and the valid rulings passed in the misdemeanor or criminal proceedings.
During the course of the proceedings, the party who is a victim of family violence will be informed, upon request, on the relevant legal rights, taking into account the need to explain these rights to a legally ignorant victim, i.e. party;
The courts will, upon personal request of the party-victim of family violence, legal representative and / or guardian, notify that person on the outcome of the proceedings and deliver her a copy of the valid court ruling.
Courts will maintain a record of the implemented protection measures as prescribed by the Law on Protection against Family Violence and submit them to the Ministry in charge of justice affairs.
Organize the work of Misdemeanor Courts in such a way that they can conduct the proceedings during weekends and holidays.
In cases of family violence the judges of the Misdemeanor Courts and investigating magistrates will ensure the reception of the defendant or suspect for the purpose of ordering detention in misdemeanor proceedings or custody in criminal offences’ proceedings, and question the defendant or suspect and decide on further proceedings.
The courts will ensure protection of the victim upon arrival to court and inside the court premises, and enable the victim to give evidence separately from the perpetrator, as well as provide physical protection of the victim in cooperation with the police.
FAMILY CENTERS
are institutions founded by the Ministry of Family, Veterans and Intergenerational Solidarity on the county level with the task of strengthening families and increasing social awareness about family values. They provide advice in situations when you or your family need professional help and support.
You can contact them in any situation when you or your family need expert help and support – related to marriage, parenthood or coping with everyday issues.
They encourage responsible parenting and care of family members, positive atmosphere in the families, especially for children with disabilities, and people with disabilities, as a basis for the establishment of a positive family atmosphere and conditions for psychological growth and development.
They offer individual work with beneficiaries, family counseling, workshops and through lectures, seminars, round tables, media appearances and preventive programs provide user support on a personal level, help in changing or accepting life situations, encourage and strengthen personal development, encourage responsible parenting and sensitize and educate the public and individuals on specific topics and issues.
State Attorney’s Office
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