Women and Justice: Court: District Court Košice II

Domestic Case Law

File No. 7T 167/03-121 District Court Košice II (2004)

Domestic and intimate partner violence

Over the course of seven years, Mr. X (the “Accused”) caused substantial physical and psychological suffering to his wife Mrs. Y and his daughter Ms. Z (jointly the “Aggrieved") including strangling, physical assaults, threats of killing, and constant humiliation. Furthermore, the Accused prevented his daughter from entering the apartment, where she lived with her parents. During the main trial, the Accused refused to testify and so did the Aggrieved Persons. However, the Court disposed of witness testimonies of the Aggrieved Persons provided at the preliminary hearing, according to which the spouses had permanent conflicts due to the alcoholism of the Accused. An expert opinion confirmed that the Aggrieved Persons had suffered from battering. The court found the Accused guilty of the criminal offence of battery of a close relative and entrusted person pursuant to Section 215 (1a) of the former Criminal Code and sentenced the Accused to imprisonment for a term of 2 years. However, pursuant to Section 58 (1a) and Section 59 (1) of the former Criminal Code, the court suspended this sentence for a probationary period of 3 years.



File No. 6T 156/05-301 District Court Košice II (2008)

Domestic and intimate partner violence

Over the course of two months Mr. X (the “Accused”) threatened to kill his wife, Mrs. Y, (the “Aggrieved”) and to blow up the apartment. His actions and verbal assaults caused the Aggrieved to fear that he would carry out his threats. The Aggrieved and other witnesses attested to the Accused’s violent behavior. The Accused had previously been found guilty of similar violent acts for which the court had imposed a conditional sentence. The Aggrieved alleged that since the Accused was released from custody, his behavior had not changed and that he still had been insulting and threatening her. Other witness statements supported these accusations. According to an expert opinion, the Accused was emotionally unstable and in terms of his patriarchal understanding of the head of family, the Accused behaved towards the Aggrieved dominantly and without respect. The court found the Accused guilty of the criminal offence of violence against an individual or group of individuals pursuant to Section 197a of the former Criminal Code and imposed a sentence of imprisonment for 1 year.