Legislative framework on Domestic violece in the R.Mcedonia

1. Legislative framework on Domestic violece in the R.Mcedonia

2. Positive legal solutions-characteristics • Domestic violence was terminologically defined and recognized as criminal act • correspond with the established international standards and recommendations on the field(comprehensive laws) • criminal and family legislation are complementary and are not mutually exempting.

3. Criminal code • The definition of DV, the prescription of more severe forms of punishment and the official prosecution of the perpetrators establishes DV as a separate criminal act. • The physical form of violence is sanctioned with bodily injury and severe bodily injury, the psychological form of violence is sanctioned with coercion, illegal deprivation of freedom and threatening security, sexual violence is sanctioned through the criminal acts of rape, sexual assault on a weak person, sexual assault on a child and solicitation for prostitution.

4. Family code • Protection measures - mandate of the Centers for social welfare, • Temporary protection measures, issued within the court procedure upon the request of the Centers for social welfare. • Reporting by other institutions

5. Analyzes on the institutional response • Survey “Life in shadow”, as part of the process- preparation National program for combating domestic violence was supported within CSSP project, by Institute for sustainable community, with financial support of the USAID. • There were two components incorporated within the research. The first part of the research was directed toward determination of the prevalence, different forms and characteristic of the phenomena (dark number), based on conducted interviews with 1432 women examinees. • The second part from the research is focused on the institutional response toward the problem in accordance with the relevant legal solutions incorporated within the Criminal court and Family law of Republic of Macedonia (official number).

6. Further challenges in the fight againstdomestic violence • Legal and Supplemental Legal Regulations harmonizing the definition stated in the family legislation with the one in the Criminal Code the impossibility for the victim to recommend temporary protection measures herself the absence of sanctions for perpetrator non-compliance with the prescribed temporary masures

7. The Protection System /proceedings of the Professional Structures • The passive role of the Centers for Social welfare • absence of a prescribed complete procedure of recommendation, implementation and monitoring of the temporary measures, • partial non-functionality of the measures such as counseling for victims, the programs for working with the offenders, mandatory medical treatment. • Absence of appropriate need assessment

8. Police proceeding • failure to recognize and thus initiate a criminal procedure in the area of psychological violence, • the classification of the acts of domestic violence under the categories “complaint” and “breach” by thepolice and • the requirement of the victim’s consent for criminal prosecution of the offender, even in cases of committed criminal offenses (prosecuted ex officio)

9. lenient sanctioning of domestic violence by the judges and the existing secondary victimization of the victims • The Centers of Social welfare, delaying the requesting of the temporary measures, neither find it necessary to continue or modify those measures that have already been rendered. • The basic courts, on the other hand, do not always comply with the basic principle of urgency in the rendering of these measures and sometimes exceed the legally set timelines.