The victim or anyone else can report domestic violence to the police. An official note is made of the report, most often a record of the receipt of an oral criminal complaint. If the police themselves, in the course of their work, discover that such a crime has been committed, they draw up an independent official statement (official record).
Commencement of proceedings
The police will submit the report, together with the evidence, information and measures described above, to the public prosecutor for further consideration and decision. If the police find that the report constitutes an offence, they will fine the offender.
A police officer must accept a report of an offence for which the offender is being prosecuted ex officio. If the offence is being prosecuted at the request of the victim, the officer must inform the victim of the legal requirement to make a request for prosecution before accepting the report.
Vulnerable victims
Victims of domestic violence are recognized as vulnerable victims. It means that the law stipulates that minors and persons who have suffered from offences related to violence or threats of violence committed by a person who is a relative of the victim, are identified as vulnerable victims.
The Criminal Procedure Act imposes an obligation on the police, the public prosecutor's office, the court and other state bodies, experts, expert witnesses, court interpreters and other interpreters to treat victims, suspects, accused persons and convicted persons with particular care and consideration during pre-trial and criminal proceedings, where this is necessary because of their vulnerability, such as their age, health, disability or other similar circumstances.
The following rights are available to victims of crime:
- Access to full information about their rights (right to information)
- The right to use the mother tongue or a language that the victim understands
- The right to interpretation during court proceedings
- The presence of a confidential person
- Right to a representative in proceedings (lawyer)
- Right to free medical, psychological and other assistance and support provided by social work centres and other organisations
- The right to be informed about the possibilities for assistance and measures under the Act on Prevention of Domestic Violence
- The right to withdraw to a safe house or shelter
- The right to free legal aid
- The right to prevent unwanted contact between the victim and the perpetrator, unless the contact is strictly necessary for the successful conduct of pre-trial or criminal proceedings
- The right to be heard by the victim without the presence of the perpetrator of the violence
- The right of the victim to be informed of the release or escape of the suspect or accused from custody or house arrest