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Criminal Code Amendment 2004

 

Maltreatment of person living in the shared household

 

§ 215a

 

(1) Person maltreating other person living in their common house or apartment will be punished by the prison up to three years.

(2) By the prison from two to eight years will be punished person if:

            a) Commits such crime in very brutal way or to more persons, or

            b) Maintain in committing such crime for a longer period.

 

(in force since 1. 6. 2004)

 

 

 

Protection against DV Act 2006

 

Police Act Amendment

 

Competence to decide about eviction from common household and about ban on re-entering 

 

§ 21a

(1)   Where there are substantial grounds, according to the discovered facts, especially due to the previous attacks, for believing, that dangerous assault endangering life, health, liberty or enormously dangerous assault on the personal dignity will be committed, police officer is entitled to decide about eviction of an individual, who is suspect of committing this act. The decision covers common dwelling with as well as its immediate vicinity. Part of the police officer’s decision is also ban on re-entering the area distinguished. The decision is effective by a moment when is provably notified to an evicted person. An evicted person is obliged to leave a dwelling and distinguished area immediately after the notification.

(2)   If a person to be evicted not present at his/her dwelling, police officer is entitled to ban entering into a dwelling as well as into a restricted area although his/her absence. The decision is effective by a moment when evicted person learn about the existence of it. Evicted person therefore must not enter a common dwelling and restricted area.

(3)   If police officer decides about eviction or about ban on returning according to the paragraphs 1 or 2 (further “eviction”), he/she has to distinguish area which eviction covers. Evicted person has to be advised by a police officer about extension of such an area. When extension of this area is pointed out, requirement of an effective preventive protection of a victim should be taken into account.  

(4)   In case when eviction restricts activity of some subject or affects exercise of employment of an evicted person, it is necessary to notify an employer or a subject owner immediately.

(5)   Police officer is obliged to provide presence of independent person during eviction proceedings except default impend.

(6)   Police officer makes an official record immediately after eviction.

 

§ 21b

(1)   Eviction decision is issued without hearing of a case and it is issued ex officio. Victims consent is not essential.

(2)    Written form of eviction decision need to be made out until 24 hours after police officers enter into dwelling. Duplicate of the decision is delivered to evicted person as well as to victim. Police officer delivers duplicate of the decision and duplicate of official record to the competent intervention centre. In case a minor child lives in a common dwelling, duplicate of the both documents specified above, are in the same period delivered to child welfare authority.

(3)   Remedial measure against eviction decision is appeal, which does not have suspensory effect.     

 

 

§ 21c

(1)   While police officer decides about eviction, challenge evicted person to give up his/her keys to common dwelling and evicted person is obliged to do so. Police officer notices evicted person about consequences of disobedience. Police officer is also obliged to enable to evicted person to take his/her personal assets and personal documents at least by execution of decision. During 24-hour period, police officer has to enable evicted person to return for another personal property and things necessary for employment or business activity.

(2)   Police officer gives the information about possible accommodation to evicted person as well as provides necessary cooperation. Police officer is obliged to advise evicted person of his/her legal status, rights and duties and of his/her possible activity in a case. Than police officer requests evicted persons correspond address.

(3)    Police officer advises victim of possibility to ask further protection of civil court and of social, psychological or other services for victims of domestic violence. Police officer also advises victim of consequences of wilfully untruth notification. Police officer calls medical help if necessary.

 

 

§ 21d

 

(1)   Eviction decisions (ban on returning included) duration is 10 days since issue of decision. This period is not possible to reduce, even with victims consent.  

(2)   If victim asks further protection of civil court by preliminary injunction within duration of eviction, 10-days period is prolonged until civil court finally decides about this proposal.

(3)   Police officer is in the 3-days period obliged to make a control if both victim and evicted person keep eviction decision. Police officer makes official record about this control.    

 

 

Civil Procedure Act Amendment  

 

Preliminary Injunction:

 

§ 76b

 

(1)   If an action of a participant against whom petition is directed, seriously endangers life, health, liberty or human dignity of a petitioner, chairing judge can by means of preliminary injunction  impose on a participant, especially:

a)duty to leave a flat or a house cohabited with a petitioner (‘common dwelling’) as well as its immediate vicinity or ban on entering a common dwelling,

b)      ban on contacting a petitioner.

 

(2)   Court appoints exceptions from duties imposed by preliminary injunction on a participant against whom a petition directs. Court takes into account the legitimate interests of this petitioner.

 

(3)   Temporary injunction according to clause 1 is valid for one month since its enforceability. If Police of the Czech Rep. issues decision about eviction, validity of preliminary injunction begins at the day after day when 10-days period of eviction finishes. If application for prolongation of temporary injunction according to clause 4 is presented, validity of preliminary injunction does not finish until decision about prolongation is made.

 

(4)   Chairing judge can, on the motion of petitioner, rule on prolongation of validity of preliminary injunction, if meritorious trial begins until period according to clause 3 expires. Chairing judge takes into account persistence of endangerment of petitioner as well as content and reasons of the motion on the merits, property or other conditions of participants, property or other relations to the common dwelling included, and further important circumstances. Nevertheless, preliminary injunction expires no longer than one-ear after its order.    

 

(5)   Decision about preliminary injunction application is not contingent on prior police eviction.

 

§ 273b

 

Execution of Eviction from Common Dwelling Decision and of Ban on contacting of a Petitioner Decision

 

(1)   If court rules by means of preliminary injunction about eviction of a obliged or about ban on meeting and contacting entitled person (§ 76b), this court ensures immediate execution of this decision.

(2)   Process of an execution is as follows: court, in cooperation with competent public authorities, evict the obliged from the common dwelling, takes all of the keys away from him and may prohibit meeting of entitled person or contacting her otherwise.

(3)   The obliged person has the right to collect personal belongings, personal items of value and personal documents from the dwelling immediately during ruling execution. Court enables the obliged person to collect things necessary for employment or business activity, during the validity of preliminary injunction according to § 76b.

(4)   In case obliged person is not present during the execution, court gives him by his request opportunity to collect things specified in clause 2, during the period mentioned in § 76b clause 4.  Court notifies the obliged of this right by notification attached on the door of the dwelling.

(5)   Competent to an execution of decision specified in clause 1 is court which ordered preliminary injunction.

 

 

Social Services Act 2006 Amendment

 

Intervention centres

 

§ 60a

 

(1) Competent intervention centre offers help to an endangered person, on the basis of an eviction decision or decision prohibiting re-entering to a common dwelling issued according the § 21a a § 21b of Police Act, until 48 hours after eviction decision duplicate of official record is delivered to the intervention centre. Help of intervention centre can be provided also based either on request of person, who is endangered by his/her cohabiter’s behaviour, or without this request. Intervention centre help should offer a help as soon as it learns about endanger of the person. Social services provided by an intervention centres are of ambulant, field or shelter character.

 

(2) Social service according to the clause 1 contains these basic activities:

 

a) Social-therapeutic activities,

 

b) Help referred to rights alleging and personal items providing,

 

(3) Shelter service providing according to clause 1 of this paragraph includes the basic activities mentioned above as and these basic activities in addition:

 

a) Accommodation providing,

 

b) Food providing or help with ensuring it.

 

(4) Service includes also obligation to ensure cooperation and information exchange among other social service providers, child welfare authorities, municipalities, Police of the Czech Republic and municipal police departments as well as among other institutions of public service.