Savremene tendencije u pravnoj zaštiti od nasilјa u porodici

Stanković, Milica and Mihajlović, Aleksandar (2015) Savremene tendencije u pravnoj zaštiti od nasilјa u porodici. In: Nauka, društvo, tranzicija: zbornik radova sa međunarodnog naučnog skupa. Evropski Defendologija Centar, Banja Luka, pp. 885-897. ISBN 978-99955-22-88-9

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Abstract

Domestic violence is one Of those studied phenomena which, although at first glance leaves little room for doubt, actually represent a field Of constant conflict, different theoretical, research and pragmatic approach. For a long time it was considered that domestic violence is a private matter, a well-kept family secret hidden from social knowledge. However, in recent decades we can hear the cries of victims for legal assistance and protection from domestic violence. The aim Of this article, after representation Of existing legal protection, is to point to the new segments to prevent domestic violence and protect victims and their rights, in the center Of which is harmonized, co- ordinated action Of all protection mechanisms, adopting legislation de lege ferenda. Legal protection of victims of domestic violence provides the incrimination of the criminal acts of domestic violence, and incrimination Of murder Of a family member who was previously abused as a form Of first degree murder in the Criminal Code Of the Republic Of Serbia. Due to the extremely high prevalence Of domestic violence, its specific causes and devastating consequences, the intention of the legislator was to provide a wider form of protection Of the family, through the Family law regulations as a form Of civil protection. Also, this paper reviews the most important provisions Of the Convention Of European Council on preventing and combating violence against women and domestic violence, which was ratified by our country, entered into force on August the first 2014,. It also specifically defines domestic violence, and thus indicates its uniqueness and great social danger. In this article, analysis of the importance of measures - subjecting the psychosocial treatment Of perpetrators of violence, is given in order to eliminate the causes of violent behavior, which in cases of the principle of opportunity may be imposed to the perpetrator, and that is in our law system introduced by the Code of Criminal Procedure in 2011.

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