Attorney General Adam Bodnar has issued fresh guidelines for prosecutors to counter home violence. fresh regulations replace the paper developed in 2022 by his predecessor, Zbigniew Ziobra. The nonsubjective of the guidelines is to guarantee more effective protection of victims of home force and to prevent secondary victimisation.
Domestic force – Definition and Meaning
Domestic force is any intentional act or omission that causes physical or intellectual harm to a household member. The perpetrator of force uses his advantage over the victim, violating its fundamental rights, specified as dignity, freedom and physical immunity. As highlighted in the Communication, home force is simply a serious violation of human rights which requires a strong consequence from law enforcement authorities.
Designation of consultative prosecutors
One of the key elements of the fresh guidelines is to introduce the function of prosecutor-consultant in each territory attorney's office. This prosecutor will have an in-depth cognition of the fight against home violence. His tasks include:
- Analysis of proceedings: Monitor cases in the D.A.'s office to identify and resolve problems.
- Updating knowledge: Follow legislative changes and case law to supply substantive support to another prosecutors and police officers.
- Provide support: Cooperation with another prosecutors and police officers on the prevention of home violence.
Preventing secondary victimisation
The guidelines pay peculiar attention to the request to avoid secondary victimisation of victims of home violence. The preparatory process, judicial proceedings and enforcement proceedings must be carried out with utmost care. It is crucial that victims, especially minors, feel comfortable during trial activities. Furthermore, repetition of actions that could exacerbate their trauma should be avoided.
Questionnaire of the individual assessment of the victim
The introduction of the "Individual Assessment Questionnaire" is simply a fresh tool in the work of prosecutors. The questionnaire aims to find the characteristics and individual conditions of the victim and to measure the adverse effects of the offence on his life. The Minister of Justice will find the model of this questionnaire by means of a regulation.
Instruction on entitlement and access to aid
Prosecutors conducting proceedings shall be obliged to thoroughly instruct victims of home force with their powers. This instruction must be clear and understandable, taking into account the possible difficulties of the victim, resulting from his age or disability. Victims should besides be informed of the possibilities of receiving intellectual assistance and another forms of support from organisations working for victims of crime.
Summary
The fresh guidelines of lawyer General Adam Bodnar aim to improve the protection of victims of home force and to increase the effectiveness of the prosecution's activities in this area. The introduction of consultant prosecutors, a questionnaire for individual assessment of the victim and detailed procedures for instructing victims are only any of the fresh tools to aid fight home violence. This paper reflects the increasing social and legal awareness of the request for a strong fight against this form of violence.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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Bodnar changes the guidelines for prosecutors on home force issued by Zioba
