Intrafamily violence

Intrafamily violence

Recently, Denderhoutem was rocked by a serious family tragedy. A mother and her son were killed by her husband and his stepfather, respectively. Earlier that day, the woman went to the police to report her husband. The story represents an intimate example of intrafamily violence, which affects 22 percent of women in the European Union.[1]

What does the law provide?

The Criminal Code provides no separate criminalization for intrafamily violence. Femicide, or feminicide, is also not separately curbed by law. (See also: https://www.bannister.be/nieuwe-kaderwet-femicide-wat-verandert-er-concreet/)

This does not mean that intrafamily remains unpunished. Indeed, the Penal Code provides for several crimes in which physical integrity is affected. These include beating and wounding (Article 398 and following of the Criminal Code), manslaughter (Article 393 of the Criminal Code) and murder (Article 394 of the Criminal Code).

When such blows and injuries are committed against the cohabiting partner, Article 405 providesquater of the Penal Code in an aggravating circumstance. Note that such aggravating circumstance is not provided for manslaughter or murder. For murder, such an aggravating circumstance would serve no purpose, since the most severe punishment, viz. lifetime incarceration, is already provided for. For manslaughter, on the other hand, the law provides for an incarceration of ten to twenty years. An increase in punishment in case of intrafamily violence is therefore theoretically possible. So far, the legislature does not provide for this. The question remains whether a change in the law in this sense would be useful: a lifetime incarceration, after all, effectively amounts to a 30-year incarceration.[2] Were the legislature to provide an aggravating circumstance for manslaughter in the context of intrafamily violence, it would be primarily symbolic.

What can victims do?

If you are a victim of intrafamily violence, you can always report it to the police departments. Such a report will lead to a risk assessment. In any case, a report also means the start of an investigation by the police services.

The issue of intra-family violence is also increasingly becoming a priority for police and prosecutors. Recently, the Brussels Prosecutor's Office announced the launch of the "Lawyer Victim Assistance" pilot project, in which victims can receive free legal advice. The mobile stalking alert was also recently introduced.

As specialized lawyers in the field, we too can provide the necessary legal support, both during the preliminary investigation, as well as during the proceedings on the merits.

[1] European Union Agency for Fundamental Rights, 2014, pp. 15-23.

[2] The distinction is, of course, important in terms of penalty enforcement, which is not discussed further here.