Key Benefits:
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