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Violence in the couple

Last Updated on Friday, 17 June 2011 05:26 Written by Administrator Friday, 17 June 2011 05:10

You are experiencing violence from your spouse, your partner or your partner.

These actions are serious. By law, you proyège and punishes the perpetrators.

Whatever your situation, whether you're married, you live with a partner or you are bound by a PACS-PACS-(Law of 15 November 1999) you, as a victim, human rights: the right to be listened to and supported right to protect your interests and those of your children, right to complain and seek redress in court.

In the old penal code, the violence perpetrated by a spouse or cohabitant were not specifically recognized. They fell within the articles apply to assault or assault and battery, even crimes.

Law No. 92683 of 22 July 1992 reforming provisions of the Penal Code expressly states that the spouse of the victim is an aggravating circumstance of the offense, as extended to domestic partners, "civil unions" and former spouses under the Act April 4, 2006.

It shows that even if they have not resulted in total incapacity to work (ITT), these are acts of violence constituting a misdemeanor, punishable therefore of the Correctional Court.

The texts of laws

These aggravations are mentioned in articles:

• L.222-1 of the New Penal Code: torture or barbarity (15 years imprisonment)

• L.222-7: violence causing death without intention to kill (15 years imprisonment)

• L.222-9: violence involving mutilation or permanent disability (10 years' imprisonment and a fine of € 150,000).

• L.222-11: violence involving ITT for more than eight days (three years' imprisonment and a fine of € 45,000)

• L.222-13: violence has not led to ITT for more than eight days (three years' imprisonment and a fine of € 45,000).

• L.222-14: violence against a child of fifteen years, or a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or a pregnancy, is apparent or known to the author (30 years in prison when they caused the death of the victim, 20 years for mutilation or permanent disability, 10 years imprisonment and a fine of € 150,000 euros when ITT have resulted in more than eight days to 5 years imprisonment and a fine of € 75,000 if they have not resulted in ITT over eight days.

• L.222-15: Administration of harmful substances

• L.222-17: Threats to commit a felony or a misdemeanor

• L.223-1 et seq: risks caused to others

• L.224-1: sequestration.

• L.222-16 telephone calls or malicious attacks sound

• L.222-18: Threats to commit a felony or a misdemeanor under conditions

• L.222-27 and following sexual assault

• L.223-5 and the following: barriers to assistance measures, failure to render assistance

• to help fight against forced marriages, the text aligns the legal age of marriage for women than men (18 years instead of 15);

• the commission of violence within the couple is an aggravating circumstance now extended to cohabitants, "civil unions" and former spouses. It is applicable in cases of murder which carries the penalty to life imprisonment (instead of 30 years);

• secondly, the proposal states that the spouse or partner "should not be a cause of diminished responsibility in cases of rape in marriage";

• Finally, the prohibition to enter the marital home will be part of the obligations imposed on the violent spouse or partner as part of the suspended sentence with probation and judicial review;

• an amendment was adopted by the senators, punishment of one year imprisonment and a 15,000 euro fine for the deprivation in a couple other of his identification papers or residence permit.

• [The section on violence against children is to strengthen the means to fight against female circumcision, sex tourism and pedophilia.]

Furthermore, some forms of domestic violence may also be implicated without the link between the victim and the perpetrator is considered an aggravating circumstance:

Fall of these new provisions that the acts committed on or after 1 March 1994, date of entry into force of new Penal Code.

In addition, the Act of April 4, 2006 strengthening the prevention and repression of violence within the couple or committed against minors is to prevent and punish violence within the couple:

The deadlines for filing complaints vary offenses: one year for a ticket, three years for misdemeanors, ten years for crimes.