Czech Republic
Violence against women
Domestic violenceis not a term defined by Czech legislation and the concept comes within the ambit of protection of personal integrity against violent attacks and freedom of movement.
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Murder is a common crime committed within the family or household and motivated by a sexual or other personal relationship and is punishable by Section 219, paragraph 1 of the Criminal Code. This provision stipulates that if the murder was committed intentionally the perpetrator shall be punished with imprisonment up to fifteen years. Paragraph 2 enumerates aggravating circumstances that justify more severe sanctions:
By particularly cruel murder, the legislator understands an uncommonly brutal assault, with prolonged agony and excessive injuries, while it is recognized that the murderer may use several instruments or mechanisms to make the victim suffer as much as possible.
The term "particularly cruel" refers to the method which characterises the actions of the murderer, the term "particularly torturous" characterises the feelings of the victim, namely particularly strong and increasing suffering due to starvation, thirst or slow strangling. Both terms are not mutually exclusive; certain murders used to be classified as particularly cruel as well as particularly torturous.
Another crime typically committed within the family or household (related family members and unrelated persons residing together in a household) is grievous bodily harm under Sections 221 and 222 of the Criminal Code.
Furthermore, Czech legislator recognises maltreatment defined as a prolonged period of rough and cruel treatment. The necessary condition is that the victim feels wronged by such treatment. For adjudication purposes, the "prolonged period" is a flexible criterion applied in consideration of the severity of the victim's suffering. In any case, maltreatment causing or intended to cause severe suffering or serious injury is classified as particularly dangerous to society and carries stricter penalties.
Domestic crime patterns that include restriction/deprivation of personal liberty are addressed
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