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First Amendment To Law No. 104/2009, Of September 14, Approving The Scheme For Granting Compensation To Victims Of Violent Crime And Domestic Violence

Original Language Title: Primeira alteração à Lei n.º 104/2009, de 14 de setembro, que aprova o regime de concessão de indemnização às vítimas de crimes violentos e de violência doméstica

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PORTUGUESE COMMUNIST PARTY

Parliamentary Group

Draft Law No. 959 /XII 4.

First Amendment to Law No. 104/2009 of September 14

Regime for Granting Compensation to the victims of violent crime and violence

domestic

Exhibition of Motives

Domestic Violence, despite the measures that have been taking place over the course of the

years, continues to heiny mark the lives of many families, affecting

particularly women and children.

Hence, the proposal, the discussion and the approval of effective measures of

protection of victims can and should be deepened.

For the CFP, all the effective measures that prevam the

violence, inhibited its effects, protect victims and misconduct phenomena of

aggression, humiliation and oppression. And for that, the state has a constitutional obligation

of ensuring appropriate material and human means, in training and number

sufficient, so that in the various dimensions of approach of this scourge act in the

time and in the necessary space in the field of prevention, monitoring and

eradication, be it at the level of the justice system, and of the necessary professionals, be

these judicial or technical staff of the multidisciplinary teams supporting the

courts.

The realization of support and protection for victims is effectively one of the social functions

of the State.

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The CFP recognizes as important the need for the enhancement of protection for victims, and

so it presents this legislative initiative with the aim of moving forward with elements

that fills existing gaps in Law No. 104/2009 of September 14, which

approved the scheme for granting compensation to victims of violent crime and of

domestic violence.

In this initiative we will address the specific situation of victims of domestic violence,

opting for at a later time to address the subjects related to the victims

of other violent crimes.

Victims of domestic violence are entitled to the granting of compensation for the

State when they find themselves cumulatively completed the following

requirements: be in question the crime of domestic violence and incurrence in situation of

serious economic deficiency as a result of this crime.

The compensation to be granted to victims of domestic violence and the setting of their

amount are determined in fairness judgement, depending on the serious probability

of verification of the assumptions of the compensation. The amount may not exceed the

monthly equivalent to the guaranteed monthly minimum consideration during the period of six

months, extended for equal period.

According to the Report of Activities of the Commission on Protection of victims of crime

violent and domestic violence to the year 2014, the procedural volume translated into the

entry of 117 cases concerning domestic violence, having the support been

granted to 97 women; being that of these, 57 are already finishes and 40 still arise.

All these processes have been presented by women, victims of physical violence

and / or psychological obliged to get out of their homes. Some of these women had

family support, but most were routed to Casas-Shelter.

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By option of the Commission, the first two years of its operation (2011-13) were

centered for the crime of domestic violence and updating these requests, being

that today the decision times oscillate between 15 and 30 days.

The processes entered in 2014, analyzed according to the typology of crime,

reveal that 47% percent are relative to domestic violence, 19% homicide consumed and 13%

attack on physical integrity.

It may therefore be concluded that, in addition to the crime of domestic violence, there are

many requests regarding sexual abuse of minors or against self-determination and

sexual freedom.

According to the same Report, the Commission worked with a President and three

vowels, being that the member indicated by the Superior Council of Magistrature never

has come to take possession.

The Administrative Support Secretariat to the Commission worked with two members, one

technical assistant and an operational assistant, and it would be important to ensure

the presence of a jurist for support of the processes.

Another of the aspets referred to in the Report is the need to create an electro-site

where all the legislation of support for victims and contacts of the Commission is conspicteing,

statistical information and activity reports, as well as information from

interest from the entire population and victims in particular.

This initiative of the CFP aims to be a contribution in strengthening the protection of victims

of domestic violence, through the guarantee of material and human conditions

adequate and the increase in the monthly value of the compensation to be allocated to the victims.

The commitment of the CFP will always be the eradication of all forms of violence

about women.

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In these terms and under the applicable constitutional and regimental provisions,

the below-signed Deputies of the CFP Parliamentary Group present the following

Bill of Law:

Article 1.

Amendment to Law No. 104/2009 of September 14

Articles 1, 6 and 7 of the Law No. 104/2009 of September 14, pass to

next essay:

" Article 1.

[...]

1-A This Act approves the scheme applicable to the advance payment by the State of

compensation due to the victims of violent crime and domestic violence.

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

a) "Violent crime", all types of crime that are directed against life, integrity

physics, sexual freedom and the sexual self-determination of people and are punished

with a penalty equal to or more than 5 years;

b) "Domestic violence", the crimes of physical or mental mistreatment, including

corporal punishment, deprivations of liberty and sexual offenses provided for in article 152 of the

Penal code.

Article 6.

[...]

1-[...].

2-The amount to which the previous figure relates corresponds to the minimum wage

national during the period of six months, extended for equal period.

3-In special situations, when the victim is found in a situation of deficiency and

lack of livelihoods, support can be provided in a single provision.

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4-(previous n. 3).

Article 7.

Commission for Support for Victims of Crimes

1-A Committee on Support for Victims of Crimes, henceforth designated Commission, is a

independent administrative body responsible, by itself or through its members,

by the granting of advances of indemnification by the State to the victims of

violent crimes and domestic violence.

2-[...].

3-In addition to the President, the Commission may have at most three members the

exercise duties in full time, being one of them a jurist.

4-[...].

5-[...].

6-[...]. "

Article 2.

Addition to Law No. 104/2009 of September 14

They are deferred to Law No. 104/2009 of September 14, Articles 4 and 5, with a

next essay:

" Article 4 A

Deadlines

1-The application for the granting of the compensation by the State shall be submitted

to the Commission within one year of the date of the fact, under penalty of expiry.

2-The least at the date of the practice of the fact may submit the application for the grant of the

compensation from the state up to one year after being reached the age of majority or being

emancipated.

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3-If criminal proceedings have been instituted, the deadline for submission of the

application to be petitioned for the indemnification, expires one year after the decision that sets it

term the transit on trial or the filing.

4-In any case, the President of the Commission may relive the effect of the expiry,

when the applicant alegues reasons that, justifiably, have impeded the

presentation of the application in good time.

Article 5 To

Expiry of the Order

1-Under penalty of expiry, the application for the granting of the advance of the indemnification

by the State Party shall be submitted within six months from the date of the

facts.

2-The President of the Commission may relive the effect of the expiry, when there are

reasons that, justifiably, have hindered the formulation of the application in time

useful. "

Article 3.

Alteration of epiggraft

It is amended with the following essay the epitome of Chapter IV " Committee on Support for

Victims of Crimes ".

Article 4.

Abrogation standard

Article 11 of the Law No 104/2009 of September 14 is repealed.

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Article 5.

Entry into force

This Law shall come into force on the day following that of its publication, with the exception of

amendment to Article 6 that comes into force with the State Budget subsequent to its

publication.

Assembly of the Republic, May 22, 2015

The Deputies,

RITA RATO; ANTÓNIO FILIPE; JOÃO OLIVEIRA; PAULO SÁ; CARLA CRUZ; JERONIMO DE

SOUSA; DAVID COSTA; JOÃO RAMOS; MIGUEL TIAGO; FRANCISCO LOPES; DIANA

FERREIRA; LURDES RIBEIRO; PAULA SANTOS