Key Points of the Necessary Cooperation and Harmonization of Criminal-Law and Civil-Law Protection from Family Violence in the Republic of Serbia

From inadequate response to effective protection

Abstract

Family violence has been recently recognized as significant social and legal problem in Serbia. Since 2002, there were many changes, predominantly in legislative field, targeting effective and efficient state response toward it. Even thought, it can be concluded that basic legal framework on domestic violence is built and encircled, there are many indicators showing that implementation lacks enforcement and coordination of the key institutions and measures. Serbia got orders for protection in Family Code in 2005, and provision for criminalizing the branch of measures in Criminal Code in the same year. These are important improvements made following the first legal definition of domestic violence as criminal offence had been integrated in the Criminal Code (2002). However, surveys show that detention, victim’s attitude towards prosecution, and consequently, lack of cooperation, as well as weak and sporadic state response create ineffective system. At the same time, not distinguishing and recognizing the specific nature of the relation between women – victim and man – perpetrator of domestic violence can lead to unfair treatment and accelerated and intensified violence in family.This article speaks about discrepancy of legislative provisions, potential opportunities that could be used, on one hand, and practical implementation and weak enforcement, on the other. The very important steps had been undertaken while identifying the scope, nature and frequencies of family violence in Serbian society. The major legislative changes happened, but the real, effective enforcement and equal and fair treatment of the victims remains the key obstacle for establishment of the functional and effective system of domestic violence protection. One of the solutions lies in cooperation between institutions, integrated approach of two different court procedures and measures undertaken in each of cases.