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Violence : aspects of penal law (8/11)

 

In the old Penal Code, violence committed by the spouse or partner was not specifically recognized. It was treated in the articles applicable to assault, voluntary assault and battery, even crimes.

Law n° 92.683 dated July 22, 1992 brought reform to the provisions of the Penal Code specifically mentioning that the fact of being a spouse or partner of the victim constitutes aggravating circumstances on the committed infraction.

© Yves Lambert

The result is that even if no work incapacity was caused (ITT- incapacité totale de travail), the fact of this violence constitutes an offense, therefore subject to treatment in Criminal Court.

The texts of the law

These aggravations are mentioned in articles :

 

  • 223.3 of the New Penal Code (NCP): acts of torture or of barbary (20 years of criminal reclusion)
  • 222.10 NCP: violence having caused a mutilation or a permanent infirmity (15 years of de criminal reclusion)
  • 222.13 NCP: violence having caused an ITT inferior to 8 days (3 years imprisonment and 50,000   fine).
  • 222.8 NCP: violence accidental death (20 years of criminal reclusion)
  • 222.12 NCP: violence having caused an ITT superior to 8 days (5 years imprisonment and 75,000   fine)

In addition, certain forms of domestic violence can also be accused without the existence of a relationship between the victim and the perpetrator being considered as an aggravating circumstance:

  • 221.1: manslaughter
  • 22.15: administration of harmful substances
  • 222.17: threats to commit a felony or a misdemeanor
  • 222.23 and following: rape
  • 223.1 and following: risks caused to a third party
  • 224.1: sequestration.
  • 221.3: murder
  • 222.16: telephone harassment
  • 222.18 : threats to commit a felony or a misdemeanor under conditions
  • 222.29/30: other sexual aggressions
  • 223.5 and following: obstruction of measures assistance, omission to bring assistance

Subjected to these new provisions are only acts committed after March 1st 1994, effective date of the new Penal Code.

If the perpetrator of the violence is an ex-spouse or an ex-common law spouse, these aggravations do not apply and physical attacks are only subject to a fine if it did not cause an ITT of more than 8 days.

The time limits to file complaints vary depending on the infraction: one year for a fine, three years for a misdemeanour, and ten years for crimes.

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