Smurto artimoje aplinkoje aspektai ir įstatymo taikymo praktika

Abstract

A new Law on Protection against Domestic Violence came into force on 15 December 2011. A very important provision of the Law stated that domestic violence, due to damage caused to society, is attributable to the acts of public importance. This provision made some changes in the investigation procedure of particular criminal acts. In the article author analyses some concepts established in the Law (for example domestic environment, violence, measures ensuring protection of a victim of violence). Domestic environment includes many people who are linked by various close relations, in consequence there could be problems attributing persons to domestic environment and applying the Law. Also author analyses the concepts of two kinds of violence in domestic environment. The author emphasizes that regulations in the Criminal Code of the Republic of Lithuania of those physical and economic influences are very limited, consequently not all actions, which could be attributed to the violence in domestic environment, can be punishable. Also attention is paid to the regulation and lawfulness of measures ensuring the protection of a victim of violence. These protection measures replicate the remand measures regulated by the Code of Criminal Procedure of the Republic of Lithuania, because it is simply to get the same results just by imposing remand measures following Code of Criminal Procedure. Some authors pointed out that one of the protection measures – the obligation for the perpetrator of violence to temporarily move out of the place of residence – is not effective enough, because this measure is temporary. The practice showed that the aforementioned measure was imposed only in 14 percent of all cases. New Law also did not provide the possibility to appeal against imposed protection measures, accordingly it means the violation of suspect’s right to defense. Lawfulness of protection measures is considered through the prism of public interest. The new Law regulates very specific relations between individuals, so all problems concerning the implementation of the Law should be solved prudently and delicately.