Paragraph 207 of the Criminal Code - Mistreatment of Close Ones - Monitoring the Courts in Silesia

Project facts

Project promoter:
Foundation of Positive Change
Project Number:
PL05-0196
Target groups
Civil servants/Public administration staff
Status:
Completed
Initial project cost:
€26,722
Final project cost:
€24,850
From EEA Grants:
€ 22,365
The project is carried out in:
Śląskie

More information

Description

The project will monitor local courts in the Silesian Province. The focus will be on court sentences in accordance with Article 207 of the Polish Criminal Code, i.e. case of mistreatment of close persons. The goal of this monitoring project is to seek to change attitudes among judges, improve their understanding on handling perpetrators of domestic violence and to increase the number of referrals to corrective programs, evictions of perpetrators from homes where they resort to violence and restraining orders. The project responds to an enormous need to address domestic violence in Poland. Court trials are a key step and it is vital the general public understands how Polish courts actually handle such cases and that an environment is created which will encourage judges to review their practices and tools used in this field. Court judgements actually determine whether the affected person can break free from violence and continue to live in a secure environment, which is one of the fundamental human rights.

Summary of project results

"Domestic violence is a great social problem in Poland and in the world. According to police statistical data, each year violence is experienced by about 100 thousand persons, out of whom 70% are women, 20% are underage persons, and 10% are men. Other researches even cite 800 thousand to a million of only women experiencing violence. One of the most important stages to get rid of the offender are court proceedings. In Poland in recent years, each year about 12 thousand convictions are given based on Art. 207 of the Penal Code, but according to data from the Ministry of Justice, over 85% of convictions for domestic violence are given with the suspension of punishment, and the degree of infraction of the activity of body parts in most cases is determined as low, even if the victim was severely beaten. After such verdicts, most of the victims of violence give up trying again to change their lives. The aim of the monitoring is to influence attitudes of judges and to encourage them to notice the specificity of proceedings concerning ill-treatment and the important role played by them in the lives of the victims. The monitoring of local courts in Śląskie voivodeship conducted by the Foundation as to verdicts based on Art. 207 of the Penal Code started discussion on court verdicts concerning ill-treatment of family members - in the debate participated representatives of the Commissioner for Human Rights, psychologists and lawyers. Also the Artistic Anti-Violence Group was created, gathering men engaged in activities against violence towards women. Under the project, court records and data from courts, the Ministry of Justice, the National Judiciary School and prosecutor offices were gathered. Trained volunteers attended court proceedings. Based on the data from monitoring, a report was developed with recommendations and sent to courts of law, the ministry and persons and institutions interested in the issues of domestic violence. In Warsaw, Poznań, Katowice and Częstochowa meetings were organised to discuss the conclusions of the report. The Men's Artistic Anti-Violence Group organised two happenings in front of court buildings to highlight the problem of domestic violence. The project benefited judges, workers of the judiciary, persons experiencing violence and their families."

Summary of bilateral results