Poland-27th Session May 2017-Domestic violence

Para 55) The amendments of the Act on Counteracting Family Violence, as drafted by the Office of the Government Plenipotentiary for Equal Treatment, provide for the recognition of harassment via the Internet and other forms of distance communication as a manifestation of domestic violence. On the initiative of the Ministry of Justice, travaux are underway to adopt a bill on the Protection of Free Speech in Internet Social Media. Para 61) Resolution no. 183 of the Council of Ministers of 21 December 2021 on the National Action Plan Against Family Violence 2022 implements the objectives of the international law instruments binding on Poland. Para 62) On 30 November 2020 the provisions of the Act of 30 April 2020 amending the Code of Civil Procedure and certain other acts came into force, empowering a police officer to order a person whose conduct consisting in the use of domestic violence threatens the victim’s life or health to leave the joint residence and its immediate vicinity immediately, or to issue an order to stay away from the residence and its immediate vicinity. Para 63) A number of training activities were undertaken in order to prepare police officers to make appropriate use of this new power, and especially officers having direct contact with victims of family violence. In July 2020 twelve video-conferences intended for all organizational units of the Police throughout the country and representatives of Police academies were delivered with the participation of representatives of the Ministry of Justice and Office of the Commissioner for Children’s Rights, during which 28,421 officers were trained. Para 64) Works on a bill amending the Act on Counteracting Family Violence and certain other acts are currently pending. The purpose of the amendment is to adapt the existing provisions to the changing circumstances and introduce comprehensive solutions to the legal system in order to counteract domestic violence more effectively and reduce its scale. When counteracting domestic violence, those resorting to it cannot be left out; hence, the amendment will provide for the existing corrective-educational programmes for perpetrators of domestic violence to be expanded by a new form of impact, viz. psychological and therapeutic programmes. Para 65) In 2017, Article 207 of the Criminal Code was amended by expanding it to include the offence of abusing a person who is helpless on account of age or health. The legislative activities undertaken in the area of criminal and civil law, as well as the activities of the Justice Fund are elements of the strategy for counteracting domestic violence. Para 66) In 2020 Poland filed a report on the implementation of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). The report was evaluated by the Group of Experts on Action against Violence against Women and Domestic Violence – GREVIO. The latter, in a report of 16 September 2021, took a favourable view of Poland’s legal and organizational solutions in the area of counteracting violence and family violence. The existence of a multi-sectoral, inter-institutional system for preventing and fighting family violence – the ‘blue card’ procedure – was given a particularly high note. GREVIO emphasized the aptness of the existing solutions ensuring multidirectional co-ordinated action to protect and support victims of family violence and dealing with work with the perpetrator. Moreover, GREVIO took a positive view of solutions in the area of criminal policy introduced in recent years – ad-hoc orders (positive and negative, i.e. to act or refrain), the implementation of which is supported by extensive training courses for the relevant services; changes in the area of criminal law and procedure, such as the ex-officio prosecution of rape (without waiting for charges to be pressed), prosecution of harassment, including via the Internet, limits on the number of interrogations of rape victims, increased sentencing limits, and prevention of secondary victimization of victims of sexual violence.