Czech Republic - Violence Against Women Needs Stronger Legislation & Punitive Sanctions

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http://www.stopvaw.org/Criminal_law_Related_to_Violence_against_Women_in_the
_Czech_Republic.html

Criminal law Related to Violence Against Women in the Czech Republic
9/22/2006

Contributed by: Branislava Vargová, Czech Republic National VAW Monitor
(ROSA)

Criminal Law Related to Violence Against Women in the Czech Republic

Legislation related to violence against women in the Czech Republic has
still been insufficient, especially regarding the level of punitive
sanctions. Some crimes have been specifically incorporated into criminal
law recently. For instance, the law related to domestic violence crimes was
enacted in 2004. It can be said that punishment for violent crimes in the
Czech Republic is low in general. The following outline shows the definition
and classification of criminal acts related to violence against women and
the punishment.

§215 a) Abuse of person living in the same residence:

 (1) If someone maltreats a person, who is in close relationship with
him/her or who is living in the same premises (0 – 3 years)

(2) In the case that the violence is committed in the long term or on more
persons (2 – 8 years)

§ 217 – Endangering moral upbringing of youth:

Intentionally or by negligence exposing a person under eighteen years of age
to the danger of depravity by making it possible for such person to lead an
idle or immoral life; or luring such person into leading an idle or immoral
life; or enabling such person to gamble on gaming machines equipped with a
technical device which influences the result of the game and offers the
possibility of a pecuniary winning (2-5years)

§ 217 a) Seduction of person in the age under 18 to sexual intercourse:

Offering, promising or providing consideration (remuneration) or other
benefit or advantage to a person below the age of eighteen years for sexual
intercourse (with such person), or for (viewing) this persons own sexual
satisfaction, denudation (stripping off of clothing) or other comparable
behaviour. (1-5 years, or financial penalty)

§ 197 a) Violence against the group of inhabitants or an individual:

Threat someone with death, a serious bodily injury or other serious
detriment in a manner giving rise to reasonable fear (0-1 year, or financial
penalty)

§ 204 Soliciting/Pandering:

Procuring, inducing or enticing someone to practice prostitution or
exploiting prostitution practiced by someone else (up to 3 years)

§219 The Murder:

Intentional killing of another person (10-15 years)

§221-224 Bodily harm:

Causing bodily injury to another person intentionally or by negligence (2-8
years)

§ 231 Restraining of personal freedom:

Unlawful (without authorization) preventing someone else from enjoying
personal liberty/freedom (up to 2 years)

§ 232a Trafficking in people:

 Inducing, forcing, hiring, transporting, hiding, detaining or delivering a
person under 18 years in order that he/she is abused to sexual intercourse
or other form of sexual abuse, or slavery or servitude; or forced labour or
other forms of exploitation (2-10 years)

§ 235 Blackmail/Extortion:

Forcing another person by violence, the threat of violence or the threat of
another serious detriment to do something, to desist from doing something or
to tolerate something (up to 3 years)

§241 Rape:

(1) Forcing someone else by violence or by threat of immediate violence to a
sexual intercourse or similar form of carnal knowledge, or abuse of someone
else’s defencelessness to submit to such act (2 – 8 years)

(2)When the victim is under the age of 18 (3-10 years)

(3) When the victim is under the age of 15 (5-12 years)

(4) Who caused the death with this crime (10 – 15 years)

§242 Sexual abuse:

Having sexual intercourse (coitus) with a person under the age of fifteen
years, or sexual abuse of such person in another manner (1-8 years)

Authored by: Mgr. Ledvinková Petra and Mgr. Pokorná Dana; see also Criminal
law, Czech Republic, 140/1961.
Received on Mon Oct 30 14:31:41 2006