1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

In the Czech Republic, the legal regulation of domestic violence is still a relatively new statutory regulation, as the first major piece of legislation aimed towards protection against domestic violence was the amendment to Act no. 40/2009 Coll., the Criminal Code. Within Section 199, a new crime of Abuse of a person sharing a common home was added. This new crime takes into account the specifics of domestic violence, which is usually long-lasting and systematic in nature and does not necessarily reach sufficient thresholds to constitute the crime of bodily harm. Other relating crimes can be found in the Criminal Code as well; in particular, Section 145 regulates grievous bodily harm, Section 146 regulates bodily harm, Section 198 regulates maltreatment of entrusted persons, Section 337 regulates obstruction of justice and obstruction of a sentence banishment, Section 367 regulates non-prevention of a criminal offence and Section 368 regulates non-reporting of a criminal offence.

Criminal proceedings are regulated by Act no. 141/1961 Coll., the Criminal Procedure Act.

Act No. 45/2013 Coll., the Act on Victims of Crime, states in Section 3 that any person who feels like a victim of a crime must be considered a victim; further, the act sets out in Section 2 the decisive features to determine who is considered to be a particularly vulnerable victim. Section 8 of the Act on Victims of Crime regulates the amount and scope of information provided to the victim. Section 17 et seq. of the Act on Victims of Crime regulates the right to protection against secondary harm.

Section 44 et seq. of Act No. 273/2008 Coll., the Police Act, regulates the possible banishment of the violent person from the place of cohabitation by the police for the period of 10 days in cases of high risk of an imminent repeat of the attack. Section 50 of the Police Act regulates the short-term protection of a person, which police shall provide in justified cases to a person who appears to be at risk of injury or other serious danger but cannot be provided with special protection.

Section 7 of Act No. 251/2016 Coll., the Act on Certain Offenses, regulates offences against civil cohabitation and states the possible fines that can be imposed.

Section 751 et seq., of the Act No. 89/2012 Coll., the Civil Code, provides the court with a possibility to limit or exclude the right of the spouse to reside in the home of cohabitation with the other spouse for a determined period if further cohabitation becomes unbearable due to physical or mental violence. Section 697 of the Civil Code includes the maintenance and support between spouses principle, Section 755 et seq. regulates divorce and Section 760 et seq. sets forth the maintenance and support of the divorced spouses' principle. Section 920 of the Civil Code states the maintenance and support and provision for the payment of certain costs for an unmarried woman binding the father of their child with such obligation for two years. Section 743 of the Civil Code regulates the housing of spouses.

Section 74 et seq. of Act No. 99/1963 Coll., the Civil Procedure Act, allows courts in the Czech Republic to deliver interim measures.

Civil proceedings regarding the protection against domestic violence are regulated by Act No. 292/2013 Coll., the Act on Special Judicial Proceedings. 
1.2 What is the controlling case law?
A database of convictions for cases of sexual or domestic violence does not exist. Despite the fact that the Czech legal system establishes a comprehensive system of protection for victims of domestic violence, in practice judges tend to downplay the issue and give aggressors only suspended sentences. More than half of the total amount of 364 perpetrators that have been convicted of rape in the last four years in the Czech Republic got parole. In cases of sexual and domestic violence, courts often apply extraordinary reductions of the sentence.
1.3 What are the specific parts of the court system that address domestic violence?
Following up on all the aforementioned laws, the Czech legal system establishes a comprehensive system of protection for victims of domestic violence resting upon civil law, administrative law and criminal law. The specific part of the court system deciding the case depends on the specific case, the state of the proceedings and whether the case is tried within civil or criminal law. Specialized domestic violence courts do not exist in the Czech Republic.
1.4 What are potential causes of action?

Immediate protection is provided to the endangered person by Section 337 of the Criminal Code, banishment of the violent person from the place of cohabitation. This action is within the competence of the Police of the Czech Republic and provides the endangered person for 10 days not only with territorial protection (a violent person must leave the place of cohabitation immediately and is forbidden to enter it), but also with personnel protection (a violent person is prohibited from any contact with the endangered person).

The Intervention Center is immediately informed of the banishment; the center then immediately contacts the endangered person with an offer of free assistance. The endangered person may accept this or decide not to do so. The Intervention Center may assist in extending the banishment period by applying for interim measures. By extending the banishment period, the endangered person gains a safe space primarily to solve problems associated with living with a violent person (e.g., divorce, shared flat, common debts, etc.). An application for interim measures is submitted by the endangered person to the relevant court. The endangered person may even demand an extension of the banishment period for up to 6 months. The court decides on this based on the submitted evidence within 48 hours.

If a child lives in the family home in which the banishment took place, the police inform not only the Intervention Center but also the competent body for the social and legal protection of children (OSPOD).