Relationship Violence - Criminal Code Section 212/A §

Relationship violence is a severely punishable crime that gravely violates human dignity and fundamental human rights.

Protection of Human Dignity

According to the Basic Law, everyone has the right to life and human dignity, which are inviolable. This right also remains valid in cases of relationship violence, and the law states that human dignity must be preserved even within personal relationships.

Perpetrator Behavior

A. Behavior that seriously insults, humiliates, or uses violence against the victim: This includes conduct where the perpetrator treats the victim in a degrading or violent manner, causing significant harm or humiliation.

B. Deprivation of material goods that causes severe deprivation: This involves confiscating items belonging to joint property or shared assets, thereby jeopardizing the victim’s basic needs (food, clothing, housing, etc.).

Who are the Passive Subjects?

The definition of victims extends beyond relatives to other individuals, especially those living in the same household or apartment as the perpetrator. Relatives include, for example, direct ancestors and their spouses, adoptive parents, siblings, spouses or partners, and those living together in a habitual household.

Punishment Penalties

Conduct described in the first paragraph can be punishable by up to 2 years of imprisonment as a subsidiary offense. This means if a more serious crime (e.g., bodily injury) occurs, the perpetrator can be held responsible for that more serious crime.

However, if the behavior seriously insults human dignity (e.g., humiliation, violence) or involves deprivation of property that does not constitute a more severe crime, the offender is liable under the law.

The Concept of Severe Deprivation

According to the second paragraph, severe deprivation occurs if the perpetrator's conduct prevents the victim from satisfying basic needs, such as eating, clothing, shelter, or hygiene.

This condition arises when the victim lacks essential goods at the minimum standard of living, resulting in actual severe deprivation. If the perpetrator intentionally causes this state but the outcome is prevented by other authorities or individuals, the act may be classified as attempted.

The Role of Repetition

According to the law, the systematic commission of relationship violence is necessary to establish criminal liability. This not only refers to the duration of repeated acts but also to the perpetrator’s state of mind and whether their conduct is intentionally repeated and connected. This means the act must be deliberate, habitual, or prolonged over time. Repetition as a statutory element is particularly important for legal evaluation, making the act punishable.

Cases with Aggravated Penalties

According to subsection (2), [compared to subsection (1)]:

1. A person who commits minor bodily harm or defamation against a person within the passive victim group can be punished with up to 3 years of imprisonment;
2. A person who repeatedly commits severe bodily harm, more serious minor bodily harm, violation of personal freedom, or coercion can be punished with up to 5 years of imprisonment.

Private Petition

In cases of relationship violence, if the offender exhibits behavior that severely insults, humiliates, or uses violence against the victim, or deprives them of property belonging to joint ownership or shared assets, thereby causing the victim severe deprivation, the crime can only be prosecuted upon private initiative. This means the victim must file a complaint with the police within one month of the last act.

Victim of Relationship Violence? Criminal proceedings initiated against you? Contact me to schedule a consultation!