2.1 Are there civil and criminal legal remedies for domestic violence victims?
Criminal
Article 409 of the Criminal Code provides remedies in cases of domestic violence. In principle, the perpetrator of domestic violence will be punished by imprisonment of six months up to five years and will be subject to a fine of EUR 251 up to EUR 5,000. However, the penalty is even higher in the following circumstances:
- If the assault or battery was premeditated, the sentence is one to five years of imprisonment and a fine of EUR 501 to EUR 5,000.
- If the intentional assault or battery results in illness or personal incapacity to work, the sentence is as follows:
- If the assault or battery was not premeditated, the sentence is one to five years of imprisonment and a fine of EUR 501 to EUR 25,000.
- If the assault was premeditated, the sentence is five to 10 years of imprisonment and a fine of EUR 1,000 to EUR 30,000.
- If the intentional assault or battery results in either a disease that appears incurable, a permanent incapacity for personal work, the loss of the absolute use of an organ or a serious mutilation, the sentence is as follows:
- If the assault or battery was not premeditated, the sentence is imprisonment for a term of 10 to 15 years and a fine of EUR 2,500 to EUR 50,000.
- If the assault was premeditated, the sentence is 15 to 20 years of imprisonment and a fine of EUR 3,000 to EUR 50,000.
- If the intentional assault or battery causes death without the intent to kill, the sentence is as follows:
- If the assault was not premeditated, the sentence is 20 to 30 years of imprisonment.
- If the assault was premeditated, the sentence is life imprisonment.
Civil
The victim may request damages.2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
Domestic violence has not been explicitly identified as a human right but the other provisions indirectly capture it, such as the following:
- "Right to life" (Article 2 of the European Convention on Human Rights)
- "Prohibition of torture and inhuman or degrading treatment" (Article 3 of the European Convention on Human Rights)
- "Right to respect for private and family life and correspondence" (Article 8 of the European Convention on Human Rights)
- "Prohibition of discrimination" (Article 14 of the European Convention on Human Rights)
2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
Yes.
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?
Luxembourg has ratified the Convention through the Law of 20 July 2018 approving the Council of Europe Convention on preserving and combating violence against women and domestic violence.
2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?
N/A