THE POSSIBILITIES AND LIMITATIONS OF PREVENTIVE ACTION AS A FORM OF OPPOSITION TO THE MOST SEVERE FORMS OF DOMESTIC VIOLENCE

• Published in: Teme Vol. XLVIII; no. 1; pp. 223 - 241
• Main Authors: Marković, Saša M, Kolarić, Dragana Z
• Format: Journal Article
• Language: English
• Published: University of Niš 01.05.2024; Универзитет у Нишу
• Subjects: Family and social welfare; Law, Constitution, Jurisprudence; Social Sciences; Sociology; Sociology of Law; Studies in violence and power; Victimology; domestic violence; police; victims; possible perpetrator
• ISSN: 0353-7919; 1820-7804
• DOI: 10.22190/TEME230707012M

The prevention of domestic violence, timely and effective protection and support for victims, and multi-sector cooperation have become an important strategic direction of the Republic of Serbia since the adoption of the Law on Prevention of Domestic Violence. The authors put forward a hypothesis according to which the change in strategic direction and the emphasis on prevention contribute to: increasing the trust of citizens in the competent state bodies; better protection of victims; and reducing the number of the most serious cases of domestic violence – those that result in death. Using the statistical method, content analysis, and comparative and formal-legal analysis, the paper analyses the data of the Ministry of Internal Affairs of the Republic of Serbia, the Public Prosecutor’s Office and the Court related to domestic violence for the period between 2019 and 2021. The authors determine that: violence against women in partner relationships is the dominant type of domestic violence; that psychological violence is the most prevalent, occurring in 68% of the cases, followed by physical violence in 41% of the cases, and economic and sexual violence; that more than 1/3 of the possible perpetrators are repeat offenders, i.e. persons on whom emergency measures were previously imposed; that the victims do not participate in the adoption of individual protection plans; and that the death of the victim occurs despite the imposed emergency measures and the response of the competent state authorities. For these reasons, the authors emphasise the importance of protection on multiple tracks, and propose a series of measures and actions that should be taken by the competent state authorities.