Domestic violence (§ 212/A of the Criminal Code) by a family member or former family member: co-parent, current or former relative living in the same household or apartment, ex-spouse, ex-partner, as well as a person in a guardianship or guardianship relationship, seriously violating human dignity, humiliating and violent can be committed by behavior or by exposing the listed persons to severe deprivation. The act is more serious and is classified as a crime if, to the detriment of a family member or ex-family member, they regularly commit bodily harm, defamation, violation of personal freedom, or coercion.
The regularity required for the factuality of the crime of relationship violence expresses that the perpetrator “makes a system” of his behavior, his behavior is not extraordinary, so it can be established in the case of at least two crimes.
Regular perpetration is based on bodily harm to the detriment of the same victim and even consecutive, repeated perpetration of defamation, as an act capable of defamation – outside the scope of defamation – is any gesture or offensive movement, hand raised to strike, pushing , which expresses the perpetrator’s contemptuous and degrading value judgment towards the victim.
A private initiative is not required for the more serious, criminal form of relationship violence to be punishable, otherwise the private initiative must be made within one month of the act.
