Drafting Domestic Violence Laws - SYLWIA SPUREK POLAND Polish Law on Domestic Violence (unofficial translation by Agnieszka Mrozik)

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1 Drafting Domestic Violence Laws - SYLWIA SPUREK POLAND Polish Law on Domestic Violence (unofficial translation by Agnieszka Mrozik) Law Gazette of 2005, Issue 180, item 1493 ACT of 29 July 2005 on Counteraction OF Domestic Violence In order to increase the effectiveness of counteraction OF domestic violence, as well as the initiative and support for actions that aim at raising social awareness of the reasons and results of domestic violence, it is constituted that: Article 1 The Act determines: 1) the tasks within the scope of counteraction domestic violence, 2) the rules of dealing with people affected by domestic violence, 3) the rules of dealing with people using domestic violence. Article 2 Every time the Act mentions: 1) the family member it should be understood as the closest person as defined by the article 115, section 11 of the Act of 6 June 1997 the Criminal Code (Law Gazette, Issue 88, item 553, with later changes), but also another person jointly living in or running a common household, 2) domestic violence it should be understood as a single or repetitive intentional action or nonfeasance that violates the rights or personal goods of persons mentioned in item 1, and particularly exposes those persons to danger of loss of life, health, destroys their dignity, personal inviolability, freedoms, including sexual freedom, harms their physical and psychic health, as well as causes suffering and moral damage to persons affected by violence. Article 3 A person affected by domestic violence is provided with help, particularly in the form of: 1) medical, psychological, legal and social counseling, 2) crisis intervention and support, Page 1

2 3) protection against further harm through the prevention of the perpetrators of violence from living in the common flat with other family members, as well as through a ban on contacts between the perpetrator and the aggrieved person, 4) provision, on demand, of safe shelter in the center for victims of domestic violence. Article 4 Towards the persons who use domestic violence, it is decided to use means that prevent their contact with the aggrieved persons, as well as provide their participation in the corrective and educational programs. Article 5 The Minister of Social Affairs will determine, through a certain regulation, the standard of basic services provided with the specialist centers supporting the victims of domestic violence, as well as detailed directions of corrective and educational actions carried out, taking into consideration the necessity of adjusting the range of help to the situation and needs of the victims of violence. Article 6 1) The tasks within the scope of counteraction domestic violence are carried out by state government bodies and the local government units according to the regulations determined by the Act of 12 March 2004 on social aid (Law Gazette, Issue 64, item 593, with later changes) or by the Act of 26 October 1982 on upbringing in sobriety and counteraction of alcoholism (Law Gazette of 2002, Issue 147, item 1234, with later changes), unless the regulations of the present Act determine in a different way. 2) Several tasks will be carried out by the districts, such as: a) creating the local system of counteraction of domestic violence, b) providing counseling and intervention within the scope of counteraction of domestic violence, c) outlining and implementing programs of protection of domestic violence victims, d) running local centers of support. 3) Several tasks will be carried out by the counties, such as: a) creating and running support centers for victims of domestic violence, b) running the crisis centers. 4) Several state government tasks will be implemented by the counties, such as: a) creating and running the specialist support centers for the victims of domestic violence, b) outlining and implementing the corrective and educational programs dedicated to persons that use domestic violence. 5) The funds for carrying out the tasks mentioned in the item 4 will be provided by the state budget. 6) Several tasks will be carried out by the voivodeships, such as: a) inspiring and promoting the new solutions within the scope of counteraction of domestic violence, Page 2

3 b) outlining programs of protection for domestic violence victims, as well as the corrective and educational programs dedicated to persons that use domestic violence, c) organizing trainings for people who carry out the tasks connected with counteraction domestic violence. Article 7 The voivode is particularly responsible for: 1) drawing up the instructional materials, recommendations, procedures of crisis intervention in cases of domestic violence for people who carry out those tasks, 2) monitoring the phenomenon of domestic violence. Article 8 The Minister of Social Affairs is particularly responsible for: 1) directing and financing the research, opinions and analyses concerning the phenomenon of domestic violence, 2) organizing actions that raise social awareness of the reasons and results of domestic violence, 3) monitoring the implementation of the National Program for Prevention and Counteraction Domestic Violence, mentioned in Article 10. Article 9 1) State and local government bodies cooperate with NGOs, churches and religious unions within the scope of helping victims of violence, influencing persons that use violence, as well as raising social awareness of the reasons and results of domestic violence. 2) State and local government bodies may direct implementation of the tasks determined by the present Act in the course provided by the Act of 12 March 2004 on social aid or by the Act of 24 March 2003 on activity for public benefit and volunteerism (Law Gazette, Issue 96, item 873, with later changes). Article 10 In order to set out the conditions necessary for more effective domestic violence counteraction, the Council of Ministers will adopt the National Program for Prevention and Counteraction Domestic Violence with its detailed tasks on: 1) protection and provision for help for persons affected by violence, 2) taking corrective and educational actions directed against persons who use violence, 3) raising social awareness of the reasons and results of domestic violence. Page 3

4 Article 11 By June 30, the Council of Ministers will annually report to the Polish Parliament on the implementation of the National Program for Prevention and Counteraction Domestic Violence. Article 12 The individuals, who, entitled by their official duties, suspect that a domestic violence crime was committed, should immediately report this to the police or prosecutor. Article 13 Conditionally dismissing the criminal proceedings against the perpetrator of domestic violence or any illegal threat against the family member, or suspending the sentence for such a crime, the court, imposing an obligation mentioned by the article 72, section 1, item 7a and 7b of the Act of 6 June 1997 the Criminal Code, defines the way in which the condemned person and the aggrieved person contact each other or, in certain circumstances, it may place a ban on the condemned person s moving close to the aggrieved one. Article 14 1) If evidence appears at the time of the arrest against the person who is accused of committing the crime referred to in Art. 13, the court can, at the time of the arrest, put the person under police supervision instead of arresting the person, with the understanding the person will leave the domicile he occupies with the victim in a time period defined by the court and which confirms the place the defendant is going to. 2) In case of the defendant s leaving the flat mentioned in the item 1, the restriction provided by the article 275, section 2 of the Act of 6 June 1997 the Criminal Code (Law Gazette, Issue 89, item 555, with later changes) may also apply to refrain from the defendant s being in touch with the aggrieved person in a determined manner. Article 15 The following changes are introduced to the Act of 6 June 1997 the Criminal Code (Law Gazette, Issue 88, item 553, with later changes): 1) in article 41a, item 1, after the words to the detriment of the juvenile the phrase and in case of the sentence for an intentional violence crime, including violence against the closest person is being added, 2) the article 67, section 3 will read as follows: Conditionally dismissing the criminal proceedings, the court obligates the perpetrator to repair the damage totally or partly, and is able to impose on the perpetrator the obligations mentioned in the article 72, section 1, item 1-3, 5 or 7a, and, furthermore, is able to fine the perpetrator according to the article 39, item 7, as well as pass a 2-year ban on driving the vehicles by the perpetrator according to the article 39, item 3, 3) the article 72, section 1: Page 4

5 a) item 6 will read as follows: undergoing the treatment, especially detoxification or rehabilitation, or therapy, or participating in the corrective and educational programs, b) item 7a will read as follows: keeping away from the aggrieved person or other persons in a determined manner, c) item 7b reading as follows: leaving the flat jointly occupied with the aggrieved person, is being added. Article 16 The following changes are introduced to the Act of 12 March 2004 on social aid (Law Gazette, Issue 64, item 593; Issue 99, item 1001; Issue 273, item 2703; and of 2005 Issue 64, item 565; Issue 94, item 778): 1) the article 47: a) item 1 will read as follows: Crisis intervention stands for a complex set of interdisciplinary actions taken towards persons and families in the state of crisis. Crisis intervention aims at restoring mental balance and the ability of managing [with problems], and, thanks to this, protecting against the transition from crisis reaction to the state of permanent psychological and social inefficiency, b) item 3 will stand as follows: As part of the crisis intervention, an immediate specialist psychological help will be provided, and depending on the needs social and legal counseling, and in the justified cases shelter up to 3 months, 2) after the article 87 the article 87a is being added: 1) According to the law, the tutor employed in the social and educational institution, accused of committing the violent crime, including a domestic violence crime, will be suspended in his or her official duties while investigations will be carried out. 2) The manager of the social and educational institution will fire the employee validly sentenced for using violence. 3) the article 97, item 1 will read as follows: Charge for stay in the support centers, as well as in shelters, is introduced by the steering subject to the approval by the person directed, taking into account the standard of services granted. The persons stay free of charge when the income of a person running a single household or the income per family members does not exceed the amount guaranteed by the income criterion. Article 17 The present Act will take effect 2 months after it is being announced, except for the article 6, item 4 and 5 that will take effect on January 1, Page 5