Establishes The Legal Regime Applicable To The Prevention Of Domestic Violence, Protection And Assistance Of His Victims And Repealing Act No. 107/99, Of 3 August And Decree-Law No. 323/2000, 19 December
Original Language Title: Estabelece o regime jurídico aplicável à prevenção da violência doméstica, à protecção e à assistência das suas vítimas e revoga a Lei n.º 107/99, de 3 de Agosto, e o Decreto-Lei n.º 323/2000, de 19 de Dezembro
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Group DRAFT Act No. 588/X changes the code of criminal procedure in order to give greater protection to victims of domestic violence crime explanatory statement legislative progress in the context of domestic violence in too have contributed to the fight against this heinous form of violence. The nature of public crime has helped, no doubt, for a greater visibility of the issue, to raise awareness of the issue, and even for significant changes in the way we think and act before situations of domestic violence. However, despite these legislative advances, there is still a long way to go. The number of fatalities is a sign that even-in the first eight months of 2008 have died already 32 women, victims of domestic violence, overcoming widely the numbers recorded in 2007. There is an urgent need, therefore, to improve the laws in order to better protect the victims, in particular by limiting unnecessary risk to the life of those. Thus, it is proposed to amend the articles 257º and 385º, code of criminal procedure, following the proposal prepared by the Portuguese Association of Women Jurists. Taking into account the special vulnerability of victims, which stems from the fact that they live in the same space as the aggressor, getting so totally exposed not only to commit a crime, such as the continuation of the criminal activity, but also to physical, psychological and even reprisals economic aggressor if this is not stopped as a result of your criminal activity; Given that this type of crime occurs mainly at night and on weekends, in other words, when the victim and the offender are both in the domestic space; And given that the reality demonstrates that this type of crime the offender is, in most cases, cooperative with the authorities; The current wording of articles 257º and 385º of the CPP, not watch the protection of these victims by allowing the aggressor in domestic space, the period that elapses between the crime and the application of a coercive measure, allowing you to keep your criminal activity, without the criminal police bodies can prevent. So if proposes that can be determinant of detention the existence of reasonable grounds to believe that it is necessary to prevent the person concerned to commit acts of the same nature, which endanger essential legal goods. Thus, in accordance with the rules applicable and constitutional, the Members and the Members of the parliamentary group of the Left block, present the following draft law: article 1 amendments to the code of criminal procedure articles 257º and 385º of the code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February and amended by Decree-Law No. 387-E/87 , of 29 December, by Decree-Law No. 212/89, of 30 June, by Decree-Law No. 17/91, of 10 January, by law No. 57/91 of 13 August, by Decree-Law No. 423/91, of 30 October, by Decree-Law No. 343/93, of 1 October, by Decree-Law No. 317/95 of 28 November , by law No 59/98, of 25 August, law No. 3/99, of 13 January, law No. 7/2000, of 27 May, by Decree-Law No. 320-C/2000, of 15 December, by law No. 30-E/2000, of 20 December, by law No. 52/2003, of 22 August, by Decree-Law No. 324/2003, of December 27 , and by law No. 48/2007, of August 29, are replaced by the following wording shall be replaced by the following: "Article 257º (...) 1-out of flagrante delicto, detention can only be effected by court order of judge or, in cases where pre-trial detention is admissible, the Prosecutor, when: a) there is reason to believe that it is necessary to prevent the person concerned to commit acts of the same nature, which endanger essential legal goods; or b) there are reasonable grounds for considering that the endorsed if not would spontaneously before judicial authority within a period to be fixed. 2 – (…): a) (…); b) (…); c) (…).
Article 385º (...) 1 the presentation to the judge has not place in action followed the arrest in flagrante delicto, the only defendant still in custody: a) there is reason to believe that it is necessary to prevent him from making the commit similar acts, which endanger essential legal goods; or b) there is reason to believe that will not spontaneously before the judicial authority within which it is set. 2 – (…). 3 – (…). a) (…); b) (…).”
Article 2 entry into force this Regulation shall enter into force on the day following your publication.
Assembly of the Republic, October 22 2008 The Members and members of left-wing Block
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