北马其顿共和国家庭暴力立法改革

Vedije Ratkoceri
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引用次数: 0

摘要

家庭暴力现象与人类历史一样悠久,但国际上和国内对家庭暴力的法律保护却起步较晚。在北马其顿共和国,直到2004年,没有对家庭暴力受害者提供法律保护,也没有对施暴者进行适当制裁。直到2004年,随着刑事领域的《刑法》和民事领域的《家庭法》的修订和补充,家庭暴力现象才开始得到应有的法律关注,并适用了制裁犯罪者和保护受害者的临时措施的规定。《伊斯坦布尔公约》(《欧洲委员会防止和打击暴力侵害妇女行为和家庭暴力公约》)的通过及其2018年的批准,无疑有助于北马其顿共和国在家庭暴力领域开展一系列改革。因此,最初在2021年,根据《伊斯坦布尔公约》的原则通过了新的家庭暴力法,而在2023年通过了《刑法修正案》。该法的重点是与家庭暴力和基于性别的侵犯有关的刑事犯罪的变化,以及在这方面纳入新的刑事犯罪。这些立法改革,特别是在北马其顿共和国预防和打击家庭暴力和暴力侵害妇女行为方面特别重要的2023年2月批准的修正案,是本研究的重点。在此,我们对已批准的《中华人民共和国刑法》修改进行了分析和评论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Domestic Violence Legislation Reforms in the Republic of North Macedonia
Abstract The phenomenon of domestic violence is as old as humanity itself, but legal protection against violence both internationally and nationally begins to be provided very late. In the Republic of North Macedonia, until 2004, there was no legal protection of victims of domestic violence, nor was adequate sanctioning of perpetrators. Only since 2004, with the amendments and additions to the Criminal Code in the criminal sphere, and the Law on the Family in the civil sphere, the phenomenon of domestic violence began to receive due legal attention, with the application of provisions for the sanctioning of perpetrators and temporary measures protection for victims. The adoption of the Istanbul Convention (The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) and its ratification in 2018 undoubtedly contributed to the Republic of North Macedonia undertaking a series of reforms in the field of domestic violence. So initially, in 2021, the new Law on domestic violence was adopted in harmony with the principles of the Istanbul Convention, whereas in 2023 the Law on the amendment of the Criminal Code was adopted. This law focused on changes in criminal offenses related to domestic violence and gender-based violation, as well as the incorporation of new criminal offenses in this regard. These legislative reforms, especially the amendments approved in February 2023 which are of particular importance in the prevention and fight against domestic violence and violence against women in the Republic of North Macedonia are the focus of this research. Here we have analyzed and commented the approved changes to the Criminal Code of RNM.
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