Urgently interrogate the victim without prior interrogation by police officers, avoid meeting the victim with the suspect in the prosecutor's office, obtain data on the risk assessment for the victim and always propose detention in case there are reasons for it - these are some of the points of the binding Instructions for handling cases of violence in the family or in the family community that the Supreme State Prosecutor (VDT) submitted to the higher and basic state prosecutor's offices in Montenegro.
As announced by the Supreme State Prosecutor's Office, the binding Instruction was submitted with the aim of establishing a uniform practice in handling and applying effective mechanisms in cases formed due to the criminal offense of violence in the family or in the family community.
It is harmonized with international standards and was prepared after a detailed analysis of the current practice of the state prosecutor's offices in these cases, adds the announcement of the VDT.
The instruction stipulates that the acting prosecutors should immediately interrogate the victim of violence, without their prior interrogation by police officers, if that is possible.
"During the hearing of the victim, it is necessary to act carefully and avoid the meeting of the victim and the suspect/defendant in the premises of the state prosecutor's office, in accordance with the Convention of the Council of Europe on preventing and combating violence against women and domestic violence - it is stated in the Instructions.
It is also prescribed to obtain data on risk assessment for the victim, previous reports of violence, including those events that were not reported, as well as data on all previously imposed protective measures, submitted reports, criminal and misdemeanor records for the suspect. In the event that there is a reason for ordering custody, always propose its ordering, otherwise, when there are circumstances prescribed by the Code of Criminal Procedure, propose the imposition of a supervision measure," the statement of the VDT states.
The instruction stipulates that in the case of fulfillment of the conditions prescribed by the Law on Protection from Domestic Violence, prosecutors demand a protective measure.
"Acting on the basis of the Supreme State Prosecutor's Instruction, the state prosecutors are obliged to obtain data on whether the child witnessed violence and to interrogate children, victims or witnesses in a particularly careful manner, in accordance with the Act on the treatment of minors in criminal proceedings.
The obligation of state prosecutors is to inform the victim about the right to free legal aid and a confidential person, as well as to inform the victim or his legal representative about the actions taken, the detention of the suspect, the determination, duration and termination of custody and surveillance measures, the escape of the suspect, as well as other measures taken for the protection of the victim, as well as any decision that ends the criminal proceedings with final force and effect. The police officer will be informed about the same facts in order to update the risk assessment for the victim," the announcement states.
The VDT said that, based on the Instructions, with the aim of establishing practices and standards in handling, the heads of state prosecution offices will ensure effective coordination and exchange of information within the state prosecution office they lead. It will also submit quarterly reports to the Supreme State Prosecutor's Office with updated data on cases of domestic or family violence.
"When informing the public about the event, the spokespersons of the state prosecutor's offices will ensure the protection of the privacy and integrity of the victim and will be especially careful to inform the public in cases where the victim is a child.
The Supreme State Prosecutor has appointed a coordinator to monitor the implementation of the Instructions, whose duty is to coordinate, monitor the implementation of the Instructions and cooperate with the relevant institutions of the Multidisciplinary Team, non-governmental and international organizations, as well as projects in this area," the statement concludes.
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