A victim or anybody else may file a report with the police regarding acts of domestic violence and criminal proceedings shall be commenced and conducted in accordance with the Criminal Procedure Code.
Commencement of proceedings
It is the obligation of the police to commence criminal proceedings when they have been notified about a crime, even if the victim has not submitted an application.
Appeal
Where a police officer refuses to commence criminal proceedings or decides to discontinue criminal proceedings (it must be a decision in written form and the police officer must inform the applicant), a victim has the right to appeal this decision to a public prosecutor within 7 days after she or he has received it. A prosecutor must examine the complaint and may fully or partially revoke or amend the appealed decision.
The decision of the public prosecutor, by which the complaint is refused or satisfied, can be appealed further. If there is a needed for this, the procedure and time-limits for the appeal should be indicated in the prosecutor’s decision.
If a victim believes that her or his human rights have been violated by this decision, they can submit a claim to the European Court of Human Rights.
Vulnerable victims
Victims of domestic violence are recognized as vulnerable victims. That means that victims should be able:
- To participate in procedural actions with a trusted person, i.e., a person with whom the victim feels safe, and this person does not have to be a lawyer or an official representative of the victim
- To questioning in a specially equipped room without the presence of persons unrelated to the specific procedural action of the criminal case
- Not to testify in court in person, but via technical (e.g., video) means
- To obtain information on the arrested or convicted person’s release or escape from imprisonment or detention
Victims who have been identified as vulnerable to secondary victimization are offered appropriate measures to protect them during criminal proceedings. To ensure a victim’s safety, the law enforcement officials directing the criminal proceedings may apply a security measure prohibiting the perpetrator from approaching the victim or a specific location.