Analiza primene zakona o sprečavanju nasilja u porodici pred Osnovnim sudom u Nišu

Abstract

This paper analyzes the results of the application of the Act on Prevention of Domestic Violence (hereinafter: the PDV Act) in cases filed with the Basic/Municipal Court in Niš. Considering that one of the primary aims of this Act is to prevent any form of domestic violence (as a criminal offense), the key issue is whether the PDV Act has achieved this goal in the first several months since entering into force on 1st June 2017. In order to answer this question, the authors examine the effects of applying the provisions of this Act and, in particular, the procedural efficiency of competent state authorities, organizations and institutions in the prevention of domestic violence, as well as the effectiveness of t he newly introduced institutes (risk assessment of violence, imposing urgent measures, etc.). The staring hypothesis is that the PDV Act has significantly contributed to the prevention of the criminal offense of domestic violence. To prove this hypothesis, the authors have collected and analyzed data from official records of competent state authorities (courts, prosecution offices and the police) on the subject matter of this research, which will provide the first comprehensive overview of domestic violence cases within the specific territorial jurisdiction and time frame. Upon identifying and comparing the distinctive features of individual domestic violence cases, the authors provide expert observations on the regular practices and exceptions that may be observed in the application of the new PDV Act.