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Proposed Law No. 248 /X

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Exhibition of Motives

The phenomenon of domestic violence has been filming itself in the central concerns of the

Portuguese society.

Viewed as a violation of human rights, freedom and self-determination

of the victims, the personal, family, professional and social impact associated with the practice of crime

of domestic violence assumes drastic proportions, reaching, with particular gravity, the

children, the elderly, dependent persons and persons with disabilities, framed, in the

scope of this law, as especially vulnerable victims.

However, despite the fact that domestic violence gravely reaches children, the elderly, the

dependent persons and persons with disabilities, the reality demonstrates that women

remain the group most afflicted by the phenomenon, sustaining centric approaches in the

gender violence. The phenomenon has come, however, to extravasate the man-woman-debt,

indifferentiating the gender of the victim and the perpetrator of the crime.

Regardless of the form it can take on, violence in the domestic context

rarely polarizes in a situation or an incident. ConGreek, usually, a set

of behaviors that translate into a behavioral pattern of abuse and control, in the

which the author of the crime has as the ultimate goal the exercise of power over the victim.

Adding that the environment of violence in the family tends to reproduce in future generations,

perpetuating patterns of behavior incompatible with the dismay of establishing a

increasingly fair society, based on the respect of the dignity of the human being.

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Making echo of this concern, and following the averbable efforts to the evolution of the

international law, we have been plussed the instruments that focused on violence

domestic.

The United Nations remarked on this phenomenon as a global one, practiced through the times and

with similar characteristics in cultural and geographically distinct countries. With the

World Conference on Women, held in Beijing in 1995, figured to

Violence against Women as one of the critical areas to attain equality between

women and men, having the Governments made the commitment to implement the whole

a set of measures aimed at preventing and eliminating violence against women.

Portugal has ratified the Convention for the Elimination of All Forms of Discrimination Against the

Women ( CEDAW) in 1980 and its Optional Protocol in 2002. The CEDAW is the

universal instrument of reference on the Rights of Women adopted by the

United Nations General Assembly in 1979 and ratified by 185 countries. This reaffirms the

principle of equality between women and men, pointing out the main areas of

discrimination that women are targeted and establishing a plan of action in the sense

to encourage their implementation by the Member States, which they must submit

regular reports to the Committee assessing the implementation of the Convention,

enunciating the measures taken in the elimination of discrimination of women in all

domains, namely, political, economic, social, cultural and civic.

Within the framework of the European Union, the eradication of all forms of violence on the grounds of the

sex constitutes one of the six priority areas of constant intervention of the Roadmap to

Equality between Men and Women for the period 2006-2010.

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On February 2, 2006, the European Parliament adopted the Resolution on the current

situation and possible future actions in combating violence against women,

in which it is called upon all Member States to take all appropriate measures to

ensure better protection and support for victims, real and potential, of violence

domestic. The Member States are invited, specifically, to have recourse to the

community action programmes to build and maintain more reception centres

for women victims of violence, to develop awareness and information programmes

of the public opinion on domestic violence and to ensure the registration of all

information provided by women and the percentage of cases in which the authorities

responsible for law enforcement have taken initiatives.

The Community Action Programs set up by Decisions No. 293 /2000/CE of the

European Parliament and of the Council of January 24, 2000 adopting the programme

Daphne (2000-2003) on preventive measures to combat violence exerted against

children, adolescents and women and n. 803 /2004/CE of the European Parliament and of the

Council, of April 21, 2004, adopting the programme Daphne II, allowed to increase

raising awareness in the European Union for the problem of violence and strengthening cooperation

between the organisations of the Member States active in the fight against this phenomenon.

The approval on June 20, 2007 of Decision No 779 /2007/CE of the European Parliament

and of the Council, which sets for the period from 2007 a to 2013 the programme Daphne III in the

scope of the general programme Fundamental Rights and Justice allows to develop the

results already obtained.

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The European Economic and Social Committee of the European Union at the session in March 2006,

has called for the drafting of a pan-European strategy on domestic violence, being

mister highlight the action of the Council of Europe, specifically the Convention for the

Safeguarding of Human Rights and Fundamental Freedoms, ratified by all the

Member States of this international organization and by Portugal in 1978, which enshrines and

defends these rights.

Dealing with effort that has been intensifying since the 3 th Ministerial Conference

European on Equality between women and men (Rome, 1993), still in 1997, was

Drafted an Action Plan to combat Violence against Women by having the

Committee of Ministers adopted Recommendation Rec. (2002) 5 on the Protection of the

Women against Violence.

The Council of Europe deliberated, at the Warsaw Summit of May 2005, to organize a

Trans campaign of " Fight against violence on women, including the

domestic violence ", which proceeded from November 2006 until March 2008.

The Parliamentary Assembly of the Council of Europe, deliberated, at its 28 session of

June 2006, associate with this campaign through the initiative " United Parliaments No

Combating Domestic Violence ", which came to be reflected, in the national landscape, in the

Resolution of the Assembly of the Republic paragraph 17/2007 of April 26, having the parliament

national adhered to this campaign.

Charted the Assembly of the Republic a plan of actions that aimed to find the best

responses to decrease the incidence of the phenomenon of domestic violence in Portugal. The

commitment made proposition to assess the existing legal framework concerning the

domestic violence with the aim of updating it, through the necessary and

indispensable changes, in line with the good practices of various countries and the

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experience of nongovernmental organizations. In addition to intrying to promote a

culture of conscientiousness of victims for their rights and potentiating conducts

of acts of domestic violence, as well as the strengthening of victim protection measures and

of repression of the aggressor, sought to still ensure that necessary studies are carried out

for the analysis, understanding and combating the phenomenon of violence, on par with the

development of all efforts for the conscientiousness of women victims of

domestic violence, for the recognition of its condition and rights. Targeting

to disseminate knowledge of the phenomenon, to better awareness of all actors

involved, better identification and combating domestic violence, firmed up yet

purpose of ensuring the evaluation of support policies for victims, and well as those concerning

to the aggressors, within the framework of parliamentary powers, simultaneously with the objective

to appeal to the Portuguese people in the sense of greater collective accountability,

in view of the prevention and combating of violence against women.

The XVII Constitutional Government, for its part, has begun, in a clear reformatory spirit,

a series of legislative measures that are propending to the clear assumption of national combat

against the phenomenon of domestic violence as a political axis of acting.

There has been, since soon, the integration of the Mission Structure against Domestic Violence and

of its tasks within the Commission for Citizenship and Gender Equality

(IGC), creating, for the first time, a specialized central office of the administration

direct from the State with specific assignments in this matter, which articulates directly with

the nongovernmental organizations with relief in combating domestic violence that have

seat on the advisory board of the IGC.

The III National Plan Against Domestic Violence (2007-2010), adopted by the Resolution

of the Council of Ministers No. 83/2007 of June 22, arises framed in the Programme of the

XVII Constitutional Government, which continues the consolidation of a policy of prevention

and combating domestic violence, implying a cross-sectional understanding of the responses to

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confer on this problematic, through the promotion of a culture for citizenship and for

equality, the strengthening of information campaigns, training, support and reception

of the victims in a logic of reinsertion and autonomy.

Too, criminal and criminal procedural reform has brought a significant contribution in the

combat this phenomenon, namely, with the autonomous typification of the mains that

integrate crime of domestic violence, extinguishing the requirement of the reiteration and the

cohabitation for the filler of the criminal type.

In the social area, several fronts of prevention and combat have been being developed, either

in the improvement of institutional responses, either through the creation of mechanisms

specific facilitators of the access of victims of domestic violence to a set of

essential care.

In this line, it is further highlighted by the exemption of moderating fees in access to the provision of

health care by victims of domestic violence, operated with the change carried out

by Decree-Law No. 201/2007 of May 24 to the Decree-Law No. 173/2003 of 1 of

August, amended and republished by Decree-Law No. 79/2008 of May 8.

The present law proposal thus takes on as a corollary of the effort developed in the

sense of, on the one hand, preventing and suppressing the phenomenon of domestic violence, and, by

another, support and promote the autonomy and dignified living conditions to the victims of

domestic violence.

Recognizing the need to promote the creation of integrated responses, the scope of which

of action if it is passed on not only in the judicial system, but also in the labour camp, in the

access to health care and further reflecting the needs for prevention and

sensitization on the phenomenon, the present law seeks to provide a response at the level of the

social policy, unifying, for the first time in national legal planning, the acquis

normative relative to this problematic.

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This initiative, taking into consideration the complex reality of victims of violence

domestic, takes on the nature of legal milestone in the integration of the victimological perspective in the

national legal planning.

In effect, it is established, for the first time, the setting of the "victim status" in the

scope of domestic violence that enshrines a normative framework of rights and duties,

not only in the framework of the criminal procedure, but also, fruit of the recognition of the

need for an integrated response, in the labour, social context and access to care

of health in an appropriate manner.

Taking as an inspiring basis the principles set out in the Framework Decision

n 2001 /220/JAI of the Council of the European Union of March 15, 2001 on the

status of the victim in criminal proceedings, and in Recommendation Rec (2006) 8 of the Council of the

Europe of June 14, 2006, concerning assistance to victims of crime, have adopted them

definitions and the general principles there verts.

For the purpose of the allocation of the "victim status" the timing of the complaint of the complaint is fixed

practice of the crime of domestic violence, by combining the need for express act of

will of the victim.

The will of the victim takes on a fundamental importance in the scope of this Law,

consecrated as an enformative principle and as a condition of the intervention with the victim,

option that relies on the weighting between the various legal goods in question: on the one hand,

the protection needs of the victim and, on the other, the need for verification of the

existence of evidence from the practice of crime.

It is a normative solution that goes from meeting to the concerns expressed in the

scope of the victimological movement, recognizing the need for protection of the victim

soon at the initial stage of the survey.

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Cosy, still, innovatively, the possibility of protection of the victim with recourse to

technical means of teleassistance, aiming to provide the victim with appropriate mechanisms to

to ensure the protection of essential legal goods, namely, their physical integrity.

Various responses are enshrined in the legal-criminal strand, addressed to the full protection of the

victim, avulating the consecration of the urgent nature of the processes concerning violence

domestic, the creation of urgent coaction measures, applicable in the subsequent 48 hours

to the constitution of defendants, as well as the clear consecration of the protection of the victim and the

witnesses in the context of the collection of means of evidence and in the context of the hearing of

discussion and trial, promoting the feature to video conferencing and teleconference.

On par with the priority nature conferred on the investigation concerning the crimes of violence

domestic, draw a specific regime for detention out of flagrant offence, option

that finds unequivocal arrhythmis in the protection needs of the victim of violence

domestic.

It is anticipated, in the light of the same victim protection purposes, the possibility of recourse to

technical means of remote control with a view to compliance with the judicial measures

applied to the accused or the agent, in the course of the criminal proceedings.

Being the prevention of secondary victimization an axial aspect of the hodiernal policies of

protection of victims, it is established, where this is justified, the possibility of

respondent of the victim in the course of the investigation in order for the testimony to be taken in

account in the trial, or still, in the case that the victim finds himself unable to

appear at the hearing, the possibility of the court ordering, officiously or the

application, that you will be made statements in the place where you find yourself, on a day and

time that will communicate you.

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On the same line, introducing the resource to restorative practices in seat of suspension

provisional of the procedure and execution of penalty, the possibility of an encounter is expected

between the victim and the perpetrator of the crime. Making appeal to total autonomy, freedom and the

responsibility of the actors in the construction of their future, logra-promoting a

real, dialogant and effective participation, which aims to find the most appropriate means to

restore social peace.

Being clear that the phenomenon of domestic violence concisels responses of a social nature,

cosy, in a pioneering way, in the labour plan, a scheme that aims to enable mobility

geographic of the victim of domestic violence, enabling, outrossim, the use of

other julabour mechanisms that, in the face of the concretely verifiable situations, viabilize

an adjustment of the working conditions to the situation in which the victim is found.

Treating yourself of concern that, to be worth of full, lacks articulation with others

social draft responses, it is predicted, in accordance with the assignment of the status of

victim, the possibility for public powers to intervene with a view to the facilitation of the

renting, alongside the granting of the social income of insertion with urgent nature and

of the transfer of the perception of the family allowance to the victim, whenever this se

meet with minor children.

Within the framework of the provision of health care, the National Health Service assures

provision of direct assistance to the victim by specialist technicians, as well as the

existence of service offices and clinical treatment with a view to preventing the

phenomenon of domestic violence. The provision of resources and the provision of resources is further provided and

clinical treatment of the perpetrators of domestic violence crime that are entered into

programs for perpetrators of crimes in the context of domestic violence.

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In the institutional plan, the dedicated solutions anchor themselves to the idea that the phenomenon of

domestic violence postulates the cooperative intervention of public powers and society

civil, reconfigurating, for so much, the national network of shelter homes and structures of

fulfillment and co-involving, as far as possible, local authorities, in the face of gains

of efficiency that the proximity structures potentiate.

Being the awareness and education for citizenship aspects particularly important

in the formation of values of contemporary societies, an extended set of

curriculum guidelines and formative obligations in the professional sectors

related to domestic violence, targeting, in this way, a real empowerment

technique of all those who contact with the phenomenon and, in what the awareness is concerned,

the promotion of behaviors favourable to an interiorization of the importance that the

physical and moral integrity and the dignity of the human being assume, while matrix of a

fair and humanistic society that we must all be fauthors of.

Public consultation was promoted prior to the final passage of this Law in Council of

Ministers. Avulta of this procedure the broad participation of civil society, reliefs on the

contributions offered by non-governmental organizations in general and, in particular,

by the nongovernmental organizations of women, as well as the institutional body with

relief in the area. The consultation procedure culminated in a public debate attended.

The Autonomous Regions, the Commission for Citizenship and Equality of Rights, were heard

Gender, the National Commission for Data Protection, the Higher Council of the Ministry

Public and the Order of Lawyers.

The hearing of the Superior Council of Magistrature was promoted.

It should still be heard, in the seat of parliamentary appreciation, the National Association of

Portuguese Municipalities.

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Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Subject

This Law establishes the legal regime applicable to the prevention of domestic violence and to the

protection and assistance of their victims.

Article 2.

Definitions

For the purposes of applying this Act, it shall be deemed to be:

a) "Victim" means the natural person who suffered a damage, notably an attack on the

your physical or mental integrity, a moral damage, or a material loss,

directly caused by action or omission, in the context of the crime of violence

domestic as provided for in Article 152 of the Criminal Code;

b) "Especially vulnerable victim", the victim whose special fragility results,

notably, of your diminution or advanced age, of your state of health or

of the fact of the type, degree and duration of victimization there is a result in injury

with serious consequences on your psychological balance or in the conditions of your

social integration;

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c) "Support Technician for the victim", the person who, in the context of his / her duties

professionals or volunteers, when properly enabled, provides assistance

direct to the victims;

d) "National network of support for victims of domestic violence", the set of the

body-vocated bodies for support for victims of domestic violence in it if

including the body of the Public Administration responsible for the area of

citizenship and gender equality, the shelter homes, the centres of

service, the specialized listening centers, as well as the cores of

service and the duly recognized mutual aid groups;

e) 'Victim Support Organisations', the civil society organisations, not

government (non-governmental organizations, organizations not

government of women, private institutions of social solidarity,

foundations or other not-for-profit associations), legally established,

whose activity takes place in cooperation with the action of the state and too much

public bodies;

f) "Program for perpetrators of crimes in the context of domestic violence", the

structured intervention together with the perpetrators of crimes in the context of violence

domestic, which promotes the change of their criminal behavior,

contributing to the prevention of recidivism, proposed and executed by the

social reinsertion services, or by other competent entities on the grounds of

matter.

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CHAPTER II

Purposes

Article 3.

Purposes

This Law sets out a set of measures that have an end to:

a) Develop awareness policies in the areas of education, information,

health and social support, by endowing the public powers of instruments

appropriate to achieve these purposes;

b) Enshrine the rights of victims by ensuring their speedy and effective protection;

c) Create protective measures for the purpose of preventing, avoiding and sanctioning the

domestic violence;

d) Enshrine an integrated response of social emergency and support services

to the victim, ensuring fast and effective access to these services;

e) Tuteling the rights of workers who, in the labour relationship, are victims of

domestic violence;

f) To ensure the economic rights of the victim of domestic violence, to facilitate the

your autonomy;

g) Creating public policies aimed at ensuring the guardia of the rights of the victim of

domestic violence;

h) Ensuring prompt and effective police and judicial protection for victims of

domestic violence;

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i) To ensure the implementation of coaction measures and appropriate criminal reactions to the

authors of the crime of domestic violence, promoting the application of measures

supplementary prevention and treatment;

j) Encouraging the creation and development of associations and organizations of the

civil society that are intended to act against domestic violence,

promoting their collaboration with public authorities;

l) Ensure the provision of adequate health care for victims of violence

domestic.

Article 4.

National Plan Against Domestic Violence

1-To the Government compete to draw up and approve a National Plan Against Violence

Domestic (PNCVD), the application of which is to be pursued in coordination with the

too many sectoral policies and with civil society.

2-A dynamisation, monitoring and implementation of the constant measures of the PNCVD

compete for the body of the Public Administration responsible for the area of citizenship

and gender equality.

CHAPTER III

Principles

Article 5.

Principle of equality

1-All the victim, regardless of ancestry, nationality, social condition, sex,

ethnicity, language, age, religion, disability, political or ideological beliefs, orientation

sexual, culture and educational level enjoys the fundamental rights inherent in dignity

of the human person, sensing him the equal opportunity to live without

violence and preserve their physical and mental health.

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2-The victim shall be assured of the conditions for the effective exercise of the rights to

life, safety, health, food, education, culture, housing, access to

justice, to sport, leisure, work, citizenship, freedom, dignity, the

respect and family and community coexistence.

Article 6.

Principle of respect and recognition

1-The victim is assured of treatment with respect for his personal dignity, being

recognized their legitimate rights and interests, in particular in the criminal proceedings.

2-The State assures particularly vulnerable victims of a specific treatment,

appropriate to your situation.

Article 7.

Principle of autonomy of the will

The intervention with the victim is limited to the full respect of his or her will, without

prejudice to the other provisions applicable under criminal law and criminal procedural law.

Article 8.

Principle of confidentiality

Without prejudice to the provisions of the Code of Criminal Procedure, the technical support services to the

victim ensure the proper respect for your private life, ensuring the secrecy of the

information that this render.

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Article 9.

Principle of consent

1-Without prejudice to the provisions of the Code of Criminal Procedure, any intervention of support

to the victim must be carried out after this is to provide his / her free and enlightened consent.

2-A specific support intervention, under the terms of this Act, to the young victim of

domestic violence, aged 16 or above, depends solely on your

consent.

3-A specific support intervention, under the terms of this Law, to the child or young person

victim of domestic violence, under the age of 16, depends on the

consent of legal representative, or in their absence or if this is the agent of the

crime, of entity designated by the law, and the consent of the child or young person with

age equal to or greater than 12 years.

4-The consent of the child or young person with ages between 12 and 16

years is quite a lot to legitimize the intervention of specific support in the terms of the

present law, should the circumstances prevent the reception, in good time, of declaration

on the consent of legal representative, or in their absence or if this is the

agent of the crime, of entity designated by the law.

5-A child or young victim of domestic violence, under the age of less than 12 years, has the

right to comment, depending on your age and degree of maturity, on the support

specific in the terms of this Law.

6-A The victim may at any time freely revoke his consent.

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Article 10.

Protection of the victim who lacks the capacity to provide his / her consent

1-Outside the scope of the criminal procedure, any intervention to support the victim who lacks

of capacity to provide your consent only may be carried out in your

direct benefit.

2-Whenever, under the law, a larger one lacks, by virtue of mental disturbance, of

illness or by similar reason, of capacity to consent in an intervention, this

may not be carried out without the permission of your representative, or in your absence

or if this is the agent of the crime, of an authority or of a person or instance

designated by law.

3-A The victim concerned shall, as far as possible, participate in the process of authorisation.

Article 11.

Principle of information

The State assures the victim for the provision of appropriate information to the guardian of their rights.

Article 12.

Principle of equitable access to health care

The State, taking into account the health needs and available resources, ensures the

appropriate measures with a view to ensuring the equitable access of the victim to health care

of appropriate quality.

Article 13.

Professional obligations and rules of conduct

Any intervention in the area of health and technical support for the victim, including research

criminal, must be carried out in the observance of professional standards and obligations, well

as of the rules of conduct applicable to the concrete case.

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CHAPTER IV

Status of victim

SECTION I

Attribution, rights and cessation of the status of victim

Article 14.

Attribution of the status of victim

1-Submitted the complaint of the practice of the crime of domestic violence, not existing

strong evidence that the same is unfounded, should the judicial authorities or the

competent criminal police organs confer on the victim, the application of this, the

assignment of document proving the status of the victim, which comprises the

rights and duties set out in this Law.

2-When the circumstances of the concrete case evidence the particular vulnerability of the

victim, may the status of victim be assigned by the entities referred to in the number

previous, officiously and independently of application, remaining this, to

all legal effects, if the victim expressly to this does not object.

3-In exceptional and duly substantiated situations can be attributed the

status as a victim by the Public Administration body responsible for the area of

citizenship and gender equality, worth this for the effects provided for in the present

law, with the exception of those relating to police and judicial procedures.

4-A The victim and the competent authorities are obliged to a special duty of

cooperation, owing to action under the dictates of good faith.

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Article 15.

Right to information

1-It is guaranteed to the victim, from his first contact with the competent authorities

for the application of the law, access to the following information:

a) The type of services or organisations to which you can drive to get support;

b) The type of support you can receive;

c) Where and how you can submit denunciation;

d) What procedures are sequenced to the complaint and what their role is in the context of

same;

e) How and on what terms can receive protection;

f) To what extent and under what conditions have access to:

i) Legal advice, or

ii) Judicial support, or

iii) Other forms of advice.

g) What requirements govern your right to compensation;

h) What special defence mechanisms you can use, being resident in

another state.

2-Where the victim solicits it from the competent body for the purpose, and without

prejudice to the regime of the secret of justice, it must still be provided with information

about:

a) The follow-up given to the complaint;

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b) The relevant elements permitting you, in the event of a charge or pronunciation

of the agent, be inteminated of the ongoing criminal proceedings concerning the person

pronounced by facts concerning him, except in exceptional cases

that may impair the good progress of the process;

c) The sentence of the court.

3-Existing potential danger to the victim, mechanisms should be promoted

appropriate to provide the victim with information on the release of detained agent or

doomed by the practice of the crime of domestic violence, in the context of the criminal proceedings.

4-A victim must still be informed, whenever this does not disturb the normal

development of the criminal procedure, on the name of the agent responsible for the

research, as well as the possibility of getting in touch with the same for

get information about the state of the criminal procedure.

5-Must be assured of the victim the right to opt out of receiving the information

referred to in the preceding paragraphs, save where the communication of the same is

mandatory under the applicable criminal procedure.

Article 16.

Right to the hearing and the presentation of evidence

1-A victim who constitutes an assistant collaborates with the Public Prosecutor's Office according to

the status of the assistant in criminal proceedings.

2-The appropriate measures are taken so that the authorities only inquire the victim

to the extent necessary for the purposes of the criminal procedure.

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Article 17.

Guarantees of communication

1-The necessary measures shall be taken, under conditions comparable to those applicable

to the agent of the crime, to minimise as much as possible the problems of

communication, either in relation to understanding or in relation to the intervention of the

victim in the quality of procedural subject in the various procedural acts of the proceedings

penal in question.

2-Are applicable in the situations referred to in the preceding paragraph, the legal provisions in

vigour relating to the appointment of interpreter.

Article 18.

Specific assistance to the victim

The State ensures, free of charge in the cases established in the law, that the victim has access

the legal consultation and advice on your role during the process and, if

necessary, the subsequent judicial support when this is subject in criminal proceedings.

Article 19.

Expenses of the victim resulting from his participation in the criminal proceedings

To the victim who intervenes in the quality of subject in the criminal proceedings, must be proportionate

the possibility of being reimbursed from the expenses incurred as a result of its legitimate

participation in the criminal procedure, in the terms set out in the law.

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Article 20.

Right to protection

1-It is ensured an appropriate level of protection for the victim and, being a case of it, to his

family or persons in a similar situation, in particular with respect to the

safety and safeguarding of private life, whenever the competent authorities

consider that there is a serious threat of acts of revenge or strong evidence that

this privacy can be both serious and intentionally disrupted.

2-The contact between victims and defendants in all places that imply presence in

joint representations, particularly in the buildings of the courts, should be avoided, without

Injury to the application of the procedural rules set out in the Criminal Procedure.

3-Addressing especially vulnerable victims with a view to their protection of the

effects of the testimony provided at a public hearing, must be assured of the victim the

right to be able to benefit, by judicial decision, of conditions of testimony that

allow to achieve this goal by any means compatible.

4-The court may determine, where this is necessary for the protection of the

victim and obtained your consent, which is assured of psychosocial support and

protection by teleassistance, for no longer than 6 months, save if

exceptional circumstances to impose their extension.

5-The body of the Public Administration responsible for the area of citizenship and

gender equality can draw on partnership regimes to install, secure and

keep in operation the technical means used in teleassistance.

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Article 21.

Right to compensation and the restitution of property

1-The victim is recognized the right to obtain a decision, within a reasonable period of time,

on the compensation for the agent of the crime in the criminal proceedings.

2-For the purpose of the present of the law, there is always room for the application of the provisions of Article 82.

of the Code of Criminal Procedure, except in cases in which the victim to such expressly

if opuser.

3-Except necessity imposed by the criminal procedure, the restitutable objects belonging to the

victim and apprehended in the criminal proceedings are immediately scrutinised and returned.

4-Regardless of the progress of the process, the victim whose status has been

assigned, is recognized the right to withdraw from the home of abode family all the assets of

your personal and exclusive use, accompanied, if necessary, by police authority, the

which must appear in the list made available in the framework of the process.

Article 22.

Conditions for the prevention of secondary victimization

1-A victim has a right to be heard in informal and reserved environment, owing

created the appropriate conditions to prevent secondary victimization and to prevent

unnecessary pressure on the victim.

2-A victim is still entitled, where possible, and in an immediate way, to have

appropriate psychological and psychiatric care by teams

multidisciplinary practitioners of professionals enabled with the sickle and therapy of the effects

associated with the crime of domestic violence.

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Article 23.

Victims residing in another state

1-The non-resident victims in Portugal benefit, under conditions of reciprocity, of the

measures appropriate to the remoteness of the difficulties that arise on the grounds of its

residence, especially with regard to the progress of the criminal procedure.

2-In the cases provided for in the preceding paragraph, the victims benefit still from the possibility

of providing statements for future memory immediately after being committed to

infringement, as well as from hearing through video conferencing and teleconference.

3-It is still assured of the victim of crime practiced outside Portugal the possibility of

submit a complaint with the national authorities, whenever it has not had the

possibility of doing so in the state where the crime was committed, in which case the

national authorities must pass it promptly to the competent authorities of the

territory where the crime was committed.

Article 24.

Cessation of the status of victim

1-The status of victim cesses by the express will of the victim or by verification of the

existence of strong evidence of unfounded denunciation.

2-The status of victim cesses equally with the filing of the survey or after the

traffic on trial of the decision putting an end to the cause, save if, the requirement of the

victim to the Public Prosecutor's Office (MP) or the competent Court, depending on the

cases, the needs of its protection justifies it.

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SECTION II

Police protection and judicial tutelage

Article 25.

Access to the Right

1-It is guaranteed for victims, with the possible preparedness, legal consultation to be carried out by

lawyer, as well as the speedy and sequent grant of judicial support, with nature

urgent, weighted to economic insufficiency, in the legal terms.

2-When the same fact gives cause to various processes, it must be ensured, always

What possible, the appointment of the same representative or officious defender to the victim.

Article 26.

Advice and technical consultancy

Support offices for judicial magistrates and the MP provided for in the Organization Act and

Operation of the Judicial Tribunals shall, where possible, include advice and

technical consultancy in the area of domestic violence.

Article 27.

Care and information offices to the victim in the criminal police bodies

1-The service offices for victims to function with the criminal police bodies

they ensure the prevention, care and monitoring of the situations of violence

domestic.

2-Each force and security service constitute its network of service offices,

endowed with appropriate conditions, particularly privacy, to the care of

victims.

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3-The provisions of the preceding paragraphs shall also be realized, where

possible, at the premises of the Research and Penal Action Departments.

Article 28.

Priority in prevention and research

Taking into account the dignity of the tuteled legal goods and the need to protect the

victims, the crime of domestic violence is considered a crime of prevention and

prioritised research, to be considered as such in the criminal policy laws.

Article 29.

Procedural celerity

1-The prosecutions for crime of domestic violence have urgent nature, albeit not

there are defendants arrested.

2-A The urgent nature of prosecutions for crime of domestic violence implies application

of the scheme provided for in Article 103 (2) of the Code of Criminal Procedure.

Article 30.

Denunciation of the crime

1-A denunciation of a criminal nature, is made in the general terms, where possible, through

of own forms, namely standard news autos, created in the framework of

prevention and of criminal investigation and support for victims.

2-It is still ensured the existence of own forms within the framework of the complaint system

electronic, which guarantees the connection to a public access Internet site with

specific information on domestic violence.

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Article 31.

Detention

1-There is place to the detention in flagrante delicto for the crime of domestic violence, to which if

must keep up until the detainee is presented the trial hearing in the summary form

or the first judicial interrogation for possible application of coaction measure or of

equity guarantee, without prejudice to the provisions of Article 143 (3), in paragraph 1 of the

Article 261, in Article 382 (3) and in Article 385 (2) of the Code of Procedure

Penal.

2-In addition to that provided for in Article 257 (1) of the Code of Criminal Procedure, out of

flagrant offence, the arrest for the crime provided for in the preceding paragraph may be carried out

by warrant of the judge or, in cases where it is admissible preventive imprisonment, of the

Prosecutor's Office, if there is a danger of continuation of criminal activity or if such if

show indispensable to the protection of the victim.

3-In addition to the situations provided for in Article 257 (2) of the Code of Criminal Procedure,

law enforcement authorities may also order the detention outside of flagrante delicto by the

crime provided for in paragraph 1, on its own initiative, when:

a) If you find any of the requirements set out in the preceding paragraph; and

b) It is not possible, given the situation of urgency and danger in the delay, wait

by the intervention of the judicial authority.

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Article 32.

Urgent coaction measures

1-After the constitution of defendants for the practice of domestic violence crime, the court

weighting, within 48 hours, the application, without prejudice to the remaining measures of

coaction provided for in the Code of Criminal Procedure and with respect for the assumptions

general and specific application in it, of measure or measures from among the

following:

a) Do not acquire, do not use or deliver, in an immediate way, weapons or other objects

and utensils that hold, capable of facilitating the continuation of the activity

criminal;

b) Subjecting, upon prior consent, the frequency of program for authors

of crimes in the context of domestic violence;

c) Do not remain in the residence where the crime has been committed or where it inhabits

the victim;

d) Do not contact with the victim, with certain persons or attend certain

places or certain means.

2-The provisions of the c) and d) from the previous number maintains its relevance even in the

cases in which the victim has abandoned the residence on the grounds of practice or threat

serious from the committing of the crime of domestic violence.

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Article 33.

Feature to videoconference or teleconference

1-The affidavits and statements of the victims, when they imply the presence of the accused,

will be provided via videoconference or teleconference, if the court,

specifically the application of the victim, thus understand it as necessary for

guarantee the provision of statements or statements without embarrassment,

and may, to the effect, seek to appear to the health professionals to accompany the

evolution of the situation of the victim.

2-A The victim will be accompanied in the provision of the statements or the deposition, by

health professional who has come to dispense with psychological support or

psychiatric.

Article 34.

Declarations for future memory

1-The judge, the application of the victim or the MP, may proceed to the respondent of that in the

course of the investigation, in order that the testimony may, if necessary, be taken in

account at the trial.

2-The MP, the accused, the defender and the lawyers constituted in the case are notified

of the time and place of the provision of the deposition so that they may be present, being

obligatory the comparency of the MP and the defender.

3-A outlet of statements is carried out in informal and reserved environment with a view to

ensure, in particular, the spontaneity and sincerity of the responses, and

victim be assisted in the course of the procedural act by a technician especially

enabled for your follow-up, previously designated by the court.

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4-A The respondent is made by the judge, and may then the MP, the lawyers constituted and

the defender, by this order, formulate additional questions.

5-It is correspondingly applicable to the provisions of Articles 352, 356, 363 and 364 of the

Code of Criminal Procedure.

6-The provisions of the preceding paragraphs are correspondingly applicable to statements of the

assistant and civil parties, experts and technical consultants and acarees.

7-A outlet of statements in the terms of the preceding paragraphs shall be without prejudice to the provision

of testimony at a trial hearing, whenever it is possible and not puser

in cause the physical or psychic health of person who should provide it.

Article 35.

Taking of statements

If, for reasons of reasons, the victim finds himself unable to appear at the hearing,

may the court order, officiously or the application, to be taken by it

statements in the place where you find yourself, in the day and time that you will communicate.

Article 36.

Feathers

In case of conviction for the practice of the crime of domestic violence, the agents may

be applied for the penalties provided for in Article 152 of the Criminal Code.

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Article 37.

Technical means of remote control

1-The court, with a view to the implementation of the measures laid down in Articles 52 of the Code

Penal, in Article 281 of the Code of Criminal Procedure and in articles 32 and 36 of the

present law, may, where this proves to be necessary for the protection of the victim,

determine that compliance with those measures is scrutinized by technical means

of control in the distance.

2-The distance control is carried out, in respect of the personal dignity of the accused, by

positional telematics monitoring, or other idophytic technology, according to the

appropriate technological systems.

3-The distance control is up to the social reinsertion services and is run in close

articulation with the victim support services.

4-For the purposes of the provisions of paragraph 1, the judge requests prior information to the services

in charge of remote control over the personal, family, labour and social situation

of the accused or the agent.

5-On the revocation, alteration and extinction of the removal measures scrutinised by means

distance control technicians apply the rules laid down in articles 55 to 57 of the

Criminal Code and Articles 212 and 282 of the Code of Criminal Procedure.

Article 38.

Consent

1-A The use of the technical means of distance control depends on the consent of the

argued or the agent and, in cases where its use covers the participation of the

victim, depends equally on the consent of this.

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2-A The use of the technical means of distance control is still dependent on consent

of the people who should provide it, particularly of the people living with the accused

or the agent and of those who may be affected by the mandatory stay of the accused or

of the agent in a given location.

3-The consent of the accused or the agent is provided personally before the judge, in the

presence of the defender, and reduced to self.

4-Where the use of the technical means of remote control is required by the

argued or by the agent, consent is deemed to be provided by simple statement

of this in the application.

5-The victims and persons referred to in paragraph 2 shall provide their consent to the services

in charge of the implementation of the technical means of remote control by simple

written statement, which subsequently sends him to the judge.

6-The consents provided for in this article are revocable at all time.

Article 39.

Mandatory communication and data processing

1-The decisions to award the status of victim and final decisions in proceedings by

practice of crime of domestic violence are communicated, without nominative data, to the

body of the Public Administration responsible for the area of citizenship and equality

of gender, as well as the General Directorate of the Internal Administration, for the purpose of

registration and processing of data.

2-The provisions of the preceding paragraph shall be without prejudice to the rules for the processing of data for

statistical effects, in the area of justice, on domestic violence, according to

the applicable legislation.

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Article 40.

Measures to support reinsertion of the agent

1-The State should promote the creation of the necessary conditions for psychological support and

psychiatric to agents convicted of the practice of domestic violence crimes,

as well as those in respect of which it has recited provisional suspension decision

of the process, obtained the respective consent.

2-Are defined and implemented programs for perpetrators of crimes in the context of the

domestic violence, specifically with a view to the suspension of the execution of the penalty of

prison.

Article 41.

Restorative encounter

During the interim suspension of the process or during the performance of the penalty may be

promoted, pursuant to regulation, an encounter between the agent of the crime and the victim,

obtained the express consent of both, with a view to restoring social peace, having in

account for the legitimate interests of the victim, guaranteed to be the conditions of safety

necessary and the presence of an accredited criminal mediator for the purpose.

Article 42.

Support fund

The support fund for the victim of violent crimes is to provide, under the legislation

applicable, to specially established supports for victims of domestic violence.

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SECTION III

Social Tutela

Article 43.

Cooperation of the employing entities

Where possible, and when the size and nature of the employing entity o

allow, this must take into account in priority form:

a) The request for change from the full time worker who is a victim of

domestic violence for a part-time job that becomes available in the

organ or service;

b) The request for change from the part-time worker who is a victim of

domestic violence for a full time job or increase in its

working time.

Article 44.

Transfer at the request of the worker

1-Under the Labour Code, the worker victim of domestic violence has

right to be transferred, temporarily or definitively, at your request, to another

establishment of the company, verified the following conditions:

a) Presentation of denunciation;

b) Outlet of the family home at the time when it was carried out

transfer.

2-In situation provided for in the preceding paragraph, the employer may only postpone the

transfer on the grounds of imperious requirements connected to the operation of the

company or service or until there is compatible job posting available.

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3-In the case provided for in the preceding paragraph, the employee shall be entitled to suspend the

contract immediately until the transfer occurs.

4-It is guaranteed the confidentiality of the situation that motivates contractual changes of the

previous number, if requested by the person concerned.

5-The provisions of the preceding paragraphs shall apply, with due adaptations, to the

workers who exercise public functions.

Article 45.

Faltas

The fallout given by the victim who is motivated by impossibility to provide work in

reason of the practice of the crime of domestic violence are, according to the legal regime

applicable, considered justified.

Article 46.

Instruments of collective work regulation

The tools of collective labour regulations, where possible, must

establish, for admission under part time and for geographical mobility,

preferences in favour of workers who benefit from the status of victim.

Article 47.

Support for the lease

When the remoteness needs of the victim of the perpetrator of the crime of violence

Domestic the justifying, the victim is entitled to support for the lease, to the assignment of fire

social or equiparable specific modality, in the terms and conditions to be defined in diploma

own.

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Article 48.

Social Insertion Income

The victim of domestic violence may be the holder of the right to social income of

insertion allowances terms and with the effects provided for in Article 4 (2) of Law No 13/2003, of

May 21, with the amendments made by Law No. 45/2005 of August 29, being the

their respective order tramped with a sense of urgency.

Article 49.

Family allowance

The application of the victim, it operates, when necessary, the transfer of the perception of the

family allowance regarding the minor children I can find themselves in.

Article 50.

Vocational training

The victim of domestic violence is recognized the preferential access to the programs of

existing vocational training.

Article 51.

Clinical treatment

The National Health Service ensures the provision of direct assistance to the victim on the part

of specialized technicians and promotes the existence of service offices and

clinical treatment with a view to the prevention of the phenomenon of domestic violence.

Article 52.

Exemption from moderating rates

The victim is exempt from the payment of the moderating fees within the National Service

of Health.

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Article 53.

Restitution of benefits

1-The economic and social benefits inherent in the status of a victim who have been

paid improperly must be restituted.

2-Consider themselves as unduly paid for economic and social benefits whose

attribution has been based on false statements from whom there is benefitting from the

status as a victim or in the omission of legally required information.

Article 54.

False statements

Without prejudice to criminal liability, the provision of false statements in the context of

status of victim determines the cessation of economic and social benefits provided for in the law.

CHAPTER V

Institutional Network

Article 55.

National network for support for victims of domestic violence

1-A national network of support for victims of domestic violence comprises the body of the

Public administration responsible for the area of citizenship and gender equality, the

shelter homes, the care centres and the specialist care centres.

2-Integrate still the network referred to in the previous number the fulfills cores and the

mutual aid groups, duly certified by the body of the Administration

Public responsible for the area of citizenship and gender equality.

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3-The victims ' service offices, constituted within the framework of the police bodies

criminal acts in close cooperation with the national network of support for victims of

domestic violence.

4-The existence of a telephone service, free of charge and with national coverage, is ensured,

of information to victims of domestic violence.

5-Any modalities of public support for the constitution or operation of the houses of

shelter, call centres, specialist care centres or the

fulfillment cores lacks technical supervision of the Administration's body

Public responsible for the area of citizenship and gender equality, under the terms of the

their respective organic law, being the responsibility of the Institute of Social Security, I. P.

(ISS, I. P.) the technical support and the follow-up of the responses.

6-In cases where victims of domestic violence are children or youth of a minor

age, is incumbent on the National Commission for the Protection of Children and Young People at Risk and the

Child and Youth Protection Committees establish the procedures of

protection in the terms of its legal assignments, without prejudice to the modalities of

possible cooperation with the bodies and entities of the national support network to

victims of domestic violence.

7-In the situations in which the victims are elderly or in dependent situation, without

family rear, must the ISS, I. P. or other competent body, develop a

priority forwarding for reception within the scope of the service network and

social equipment, without prejudice to the articulation due to the national network of support to

victims of domestic violence.

8-In the framework of the national network for support for victims of domestic violence, the relevance of

victim support organisations is recognised by the state and its role is stimulated

by this, particularly in the implementation of the policies for support.

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Article 56.

Gratuitousness

1-The services provided through the national network of support for victims of violence

domestic are free of charge.

2-For proven insufficiency of economic means, the legal support provided to the

victims is free.

Article 57.

Participation of local authorities

1-Within the framework of their competences and assignments, local authorities may integrate,

in partnership, the national network of support for victims of domestic violence, collaborating,

notably, in the disclosure of the existence of the fulfils centres in

operation in their respective territorial areas.

2-In cases where the ownership of equipment is from local authorities, the

maintenance of the facilities is ensured by this, and may in the remaining cases, and

where possible, contribute to the good state of conservation of them.

Article 58.

Funding

1-In respect of investment for construction and equipment of responses in the area of

domestic violence, the public support of the central administration frames itself in

specific investment programs for social equipment.

2-The financial support referred to in the preceding paragraph may be secured by monies

from the community funds, pursuant to the applicable regulations.

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3-Financial support for the operation of social responses in the area of violence

domestic shall be governed by the cooperation regime, pursuant to the current legislation.

Article 59.

Collaboration with foreign entities

Within the national network of support for victims of domestic violence may establish-

whether cooperation agreements with foreign similar entities for security of the

respective users.

Article 60.

Commission for Citizenship and Gender Equality

The body of the Public Administration responsible for the area of citizenship and equality

de gender is responsible for the development of the policies for protection and promotion of the

rights of victims of domestic violence, by which it will be, in particular:

a) Participate in the legislative changes that respect the scope of its mandate;

b) Promote the protocols with the bodies and services with intervention in this

area and non-government organizations or other private entities;

c) Streamlining the creation of multidisciplinary teams and their specialized training;

d) Collaborate on the insertion of specific content into curriculum and curriculum plans

training of all professionals who, directly or indirectly, contact

with the phenomenon of domestic violence;

e) Soliciting and coordinating the audits and diagnostic and evaluation studies of the

caries, measures and social responses;

f) Dynamising, coordinating and monitoring the elaboration of the diagnosis of the situation of the

victims;

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g) Concerting the action of all public and private entities, structures and

intervention programmes in the area of victims, so as to strengthen strategies of

cooperation and rationalization of resources;

h) Cooperating with the National Commission for the Protection of Children and Young People in

Risk in the development of policies, strategies and actions concerning the

promotion and protection of children and young victims of domestic violence;

i) Certify, for the purpose of, the entities whose activity in the area of violence

domestic implication, by its relevance, integration into the national support network to

victims of domestic violence and who depend on this form of recognition;

j) Organize and coordinate the registration of domestic violence data, disaggregated

by age, nationality and gender, with the purpose of collection and analysis of

elements of information regarding the occurrences reported to the forces of

security and judicial decisions which, under the law, should be

communicated;

l) Issue the opinions provided for in the Act.

Article 61.

Network of support houses for victims

1-It is up to the Government to promote the creation, installation, expansion and support of the

operation of the network of victim support houses, which integrates the shelter homes, the

service centers and the specialized listening centers.

2-A network of support houses must be established by way of ensuring coverage

balanced of the national territory and the population, and must be necessarily

present in all districts.

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3-In the metropolitan areas of Lisbon and Porto, the network referred to in the previous figures

must contemplate, at least, two shelter homes.

Article 62.

Shelter homes

1-The shelter homes are the residential units intended for temporary reception to

victims, accompanied or not of minor children.

2-The State shall be granted support, with a priority character, to the shelter homes of

women victims.

3-Without prejudice to the provisions of the previous figures, the shelter homes, when this is

admitted to its internal regulation, may welcome other victims of violence from

gender, either as a result of the practice of the crime of human trafficking, or by the effect of

other forms of discrimination as a function of sexual orientation.

Article 63.

Centers of care

1-The fulfils centres are the units consisting of one or more teams

techniques, multidisciplinary, of public entities dependent on central administration

or place, as well as from other entities that with those have entered into protocols

of cooperation and to ensure, in an integrated manner, the care, support and the

personalised rerouting of victims, with a view to their protection.

2-The cooperation protocols referred to in the preceding paragraph shall merit agreement

between the Public Administration bodies responsible for the areas of citizenship and

of gender equality and social security, ensuring their compliance with the

parameters of this Law and of the PNCVD.

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Article 64.

Specialized listening centers

Specialized listening centers are specialized listening services to

victims, namely, those constituted in the framework of the bodies of the National Service of

Health or services of employment, vocational training and social security.

Article 65.

Objectives of shelter homes

They are objectives of the shelter homes:

a) Temporarily welcoming victims, accompanied or not from minor children;

b) In cases where this is warranted, promote, during the stay in the house of

shelter, personal, professional and social skills of the victims, likely to

avoid possible situations of social exclusion and with a view to their effective

(re) social insertion.

Article 66.

Operation of shelter homes

1-The shelter homes are organised in units that favour an affective relationship

of the familiar type, a personalized daily life and integration into the community.

2-For the purposes of the preceding paragraph, the shelter homes are governed by the terms described in the

this law, in its internal regulation and by the standards applicable to entities that

they review the same legal nature with agreements for cooperation concluded, provided that

do not contravenes the standards set out in this Law.

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3-The internal regulation of operation, to be approved jointly by the members

of the Government responsible for the areas of citizenship and gender equality and the

work and social solidarity, or by whom these designate, is compulsorily

given to the victims when they are admitted, and they should be subscribed to by these

the corresponding term of acceptance.

4-The shelter homes possess, for the purpose of technical guidance, of at least one

licensed in the behavioral areas, preferentially psychologist and or technical of

social service, which act in articulation with the technical team.

5-In the light of the nature and purposes pursued by the shelter homes, the authorities

territorially competent police officers shall provide all the necessary support with a view to the

protection of workers and victims, ensuring adequate surveillance together

of the same.

Article 67.

Organisation and management of shelter homes

1-The shelter homes can work on equipment belonging to entities

public or private nonprofit.

2-The shelter homes, the care centres and the fulfils centres

specialized co-ordinate with each other the respective activities.

3-Dealing with private non-profit entities, the State supports its action

upon the conclusion of cooperation agreements.

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Article 68.

Technical team

1-The shelter homes dispose of the assistance of a technical team to whom it is up to

diagnosis of the situation of the victims hosted in the institution and the support in the definition and

implementation of its promotion and protection projects.

2-A The team must have a multidisciplinary constitution, integrating the law valences,

psychology and social service.

Article 69.

Training of the technical team

The body of the Public Administration responsible for the area of citizenship and equality

of gender ensures, without prejudice to the participation of other entities, the specific training

to the technical staff of the shelter homes and the fulfils centres.

Article 70.

Reception

1-A The admission of the victims in the shelter homes processes, either by indication of the team

service centres technique, either through the technicians who ensure the service

of telephone service from the green line, following the victim's request.

2-Preferentially the reception is ensured by institution located in the area

geographical closer to the residence of the victims, without prejudice to another solution come to

be adopted as a function of the analysis of the technical team.

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3-The reception in the shelter homes is short-lived, which presupposes the return of the

victim to life in the community of origin, or another because it has opted, within no time

higher than six months.

4-A permanence for more than six months may be authorized, by way of exceptional title,

upon reasoned opinion of the technical team accompanied by the report of

assessment of the situation of the victim.

Article 71.

Immediate causes of cessation of reception

They constitute immediate causes of cessation of reception, among others:

a) The expiry of the period provided for in paragraphs 3 and 4 of the preceding Article;

b) The manifestation of will of the victim;

c) The failure to comply with the rules of operation of the shelter home.

Article 72.

Rights and duties of victims and minors in foster care

1-The victims and minors who are welcomed into shelter homes have the following rights:

a) Accommodation and food in conditions of dignity;

b) Enjoy a space of privacy and a degree of autonomy in driving the

your personal life appropriate to your age and situation.

2-Constituent special duty of victims and minors welcomed in shelter homes

comply with the respective rules of operation.

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Article 73.

Participation to the Public Ministry

1-The responsible of the shelter homes shall be involved in the relevant PM's services

the situations of victims of which they have knowledge, for the purposes of establishing the

respective criminal procedure.

2-When the responsible persons of the shelter homes find grounds for suspected suspicion

that allow to admit to having the smallest ones received were themselves victims of

domestic violence, should immediately communicate such circumstance to the PM, by

medium and form that safeguard the confidentiality of information.

Article 74.

Household of the victim welcomed home from shelter home

The victim welcomed home from shelter home considers herself domiciled in the centre of care

that prosecuted the respective admission.

Article 75.

Medical and medicaid assistance

Upon statement issued by the fulfilment center that provided the admission, the

integrated health services in the National Health Service situated in the area of the house of

designated shelter provide all necessary assistance to the victim and their children.

Article 76.

Access to educational establishments

1-The minor children of the victims hosted in the shelter homes is guaranteed to

school transfer, without observance of the numerus clausus, for establishment

school closest to the respective shelter home.

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2-A the said transfer operates on the basis of a statement issued by the centre of

care that provided for the admission of the victim.

Article 77.

Fulfils cores

The fulfills cores are recognized service of victims,

functioning with a character of continuity, ensured by the supporting organisations to the

victim and involving properly-enabled support technicians.

Article 78.

Mutual Help Groups

With a view to the autonomization of victims, the groups of mutual aid of cariz

community that aim to promote self-help and the empowerment of victims are

certificates by the body of the Public Administration responsible for the area of citizenship and

of gender equality, whenever they require it, for the purpose of integration into the network

national support for victims of domestic violence.

CHAPTER VI

Education for citizenship

Article 79.

Education

It is incumbent upon the State to define, in the objectives and lines of curriculum guidance of education

preschool, the cycles of basic and secondary education the guiding principles of a

crime prevention program of domestic violence, according to the

physical, emotional, psychological and social development of the children who attend

those establishments of education, with a view to, inter alia, providing them

basic notions about:

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a) The phenomenon of violence and its diversity of manifestations, origins and

consequences;

b) The respect to which they are entitled, of their intimacy and of the reservation of their private life;

c) Parental behaviours and the inter-relationship in family life;

d) Symbolic violence and its structural and institutional character;

e) Power relations that mark personal, grupal and social interactions;

f) The relationship between children, adolescents, young people and people in adulthood.

Article 80.

Awareness and information

The State ensures the promotion of domestic violence prevention policies through the:

a) Drafting of guions and educational products for awareness-raising and

information in schools, which include, education for gender equality,

education for non-violence and for peace, education for the affections, relation

between gender and multiculturalism and resolution of conflicts through the

communication;

b) Creation and dissemination of informative and pedagogical materials directed at the

student population;

c) Holding contests in schools to select the best materials

pedagogics produced in order to integrate temporary exhibitions;

d) Dynamisation of awareness actions among schools, in partnership with the

remaining players in the educational community, by the military and agents of the

security forces involved in proximity programs, community and

of support for the victim;

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e) Drafting of guions and products for raising awareness of families on the

need to adopt alternative educational strategies to violence;

f) Raising awareness of the elimination of all sexist references and

discriminations of school materials;

g) Dynamisation of sensitization actions among the bodies of the

Public administration and public companies in such a way as to modify the mains

that favor, stimulates and perpetuates domestic violence;

h) Promotion of national and local campaigns in the media;

i) Dissemination of informative material about the revealing evidence of violence

together with health professionals, intended to raise awareness of them for detection

of these cases;

j) Promotion of the expansion of the knowledge base and exchange, with

national and foreign entities, of the information, identification and diffusion of good

practices for the prevention of domestic violence.

Article 81.

Training

1-In the measure of needs, specific training should be promoted in the area of

domestic violence to lecturers of preschool education, the basic teachings and

secondary, so that they acquire knowledge and techniques that enable them to educate them

children in respect for fundamental rights and freedoms, for equality between

men and women, by the principle of tolerance and in prevention and peaceful resolution

of conflicts, within the framework of family and social life, as well as in the detection of the forms

of violence.

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2-To professionals in the area of health whose performance if relevant in the matter shall be

provided training on domestic violence, which includes the preparation for detection

early cases of violence and, where there are revelatory evidence of the practice of the

crime, the awareness of their complaint.

3-The formation activities of the Center for Judicial Studies contemplate contents

on the crime of domestic violence, its causes and consequences.

4-The criminal police organs and legal medical technicians receive, component

specific formative in the area of domestic violence with a view to the prevention of forms of

secondary victimization, particularly in the context of the collection of the means of proof.

Article 82.

Protocols

1-The educational and educational establishments and specially vocated entities

for the monitoring of situations resulting from the crime of domestic violence

can celebrate cooperation protocols.

2-The authorities who have, or wish to have, projects against violence, inter alia

information spaces on the problematic of domestic violence, are supported

upon the conclusion of protocols, with a view to the conduct of campaigns and

awareness actions in local communities and the broadening of national coverage

of the victim support network.

3-The State promotes, with the professional orders of the area of health, the celebration of the

protocols necessary for the regular disclosure of informative material on violence

domestic in the offices and pharmacies.

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4-Can protocols be concluded between the Public Administration body

responsible for the area of citizenship and gender equality and the various bodies of the

Public Administration involved in the protection and assistance of the victim with a view to the

definition of the administrative procedures of data communication and the

integrated development of the victim's tutelage network policies and awareness raising

against domestic violence.

5-The body of the Public Administration responsible for the area of citizenship and

gender equality can still celebrate protocols with NGOs with a view to the

articulation of the procedures concerning the protection and assistance to the victim.

CHAPTER VII

Final provisions

Article 83.

Transitional provisions

1-Until its review, it remains in force, with the necessary adaptations, the Decree

Regulation No 1/2006 of January 25.

2-The conditions of initial use of the technical means of teleassistance and control to the

distance provided for in this Law occur during an experimental period of three

years and may be limited to the comarches where there are the necessary technical means.

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Article 84.

Repeal provision

The Act No 107/99 of August 3 and the Decree-Law No 323/2000 of 19 of 19 are repealed.

December.

Article 85.

Regulation

1-The regulatory acts necessary for the implementation of this Law shall be approved by the

Government within 180 days.

2-The demonstrative document model of the allocation of victim status, provided for

in Article 14 (1), it shall be approved by joint porterie of the members of the Government

responsible for the areas of citizenship and gender equality, of the administration

internal and justice.

3-The characteristics of the distance control technological systems provided for in the article

37. are approved by portaria of the member of the Government responsible for the area of

justice.

4-The conditions of initial use of the technical means of teleassistance, provided for in the

n. 20 and 5 of Article 20, and of the means of distance control provided for in Article 37 of the

present law, are set by joint porterie of the members of the Government responsible

by the areas of citizenship and gender equality and justice.

5-The requirements and qualifications necessary for the habilitation of the victim support technicians,

provided for in paragraph c) of Article 2 are defined by dispatching of the members of the

Government responsible for the areas of citizenship and gender equality, justice and the

vocational training.

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Article 86.

Entry into force

This Law shall come into force 30 days after the publication.

Seen and approved in Council of Ministers, January 15, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs