VIOLENCE IN THE FAMILY OR FAMILY COMMUNITY –A QUARTER OF A CENTURY SINCE INCRIMINATION Cover Image

NASILJE U PORODICI ILI PORODIČNOJ ZAJEDNICI – ČETVRT VIJEKA OD INKRIMINACIJE
VIOLENCE IN THE FAMILY OR FAMILY COMMUNITY –A QUARTER OF A CENTURY SINCE INCRIMINATION

Author(s): Ivanka Marković
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Family and social welfare
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: violence in the family or family community; criminal legislation of the Republic of Srpska; application of incrimination in court practice;

Summary/Abstract: The first activities to suppress and prevent domestic violence and create an adequate system of protection for victims of domestic or family violence in the Republic of Srpska began with the reform of the criminal legislation of the Republic of Srpska in 1998, which ended with the adoption of the Criminal Code of the Republic of Srpska (entered into force on October 1, 2000) and the introduction of the new incrimination “Violence in the family or family community” (Art. 198) within the group of criminal offenses against marriage and family. The introduction of this incrimination into the criminal legislation of the RS was of exceptional importance because the state for the first time clearly expressed itself against violent behavior in the family as criminal behavior that deserves the reaction of the state coercion authorities in the form of the application of appropriate criminal sanctions. The incrimination, over time, underwent certain changes that did not significantly change its original essence. New qualified forms have been introduced, tougher penalties have been introduced, and the most serious form has been transferred to Serious Murder, with a prison sentence of at least 10 years or a life sentence. However, regardless of the fact that this incrimination has existed in our criminal legislation for almost 25 years, in its practical application there are still dilemmas and inconsistencies that lead to the weakening of the criminal protection of victims of domestic or family violence.

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