Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 3 – 1, pp. 959–972
Language of the paper: Serbian
Overview paper
udk: 343.55- 058.6
doi: 10.5937/zrpfns51-15741
Author:
Mirjana Sredojević, Ph.D. Student
University of Novi Sad
Faculty of Law Novi Sad
mirjana.sredojevic43@gmail.com
Abstract:
Understanding the victims of domestic violence is very important because of the improvement of the position of victims and the most effective protection of the family and its members, and for the adequate punishment of the offender. Considering the specific relationship of the perpetrator and the victim, the perpetration of this criminal offense does not violate only the fundamental rights of family members, but also affects their deepest feelings. Because of that, the victims of the criminal offense of domestic violence fall into the category of particularly vulnerable victims and are classified according to their relationship with the perpetrator. The lack of an unambiguous interpretation of the terms of the victim and an injured party, as well as their frequent identification (both domestically and internationally), prompted the author to point out the need for a conceptual delimitation of these terms. In this way, the confusion that exists both at the level of the same law and between the various regulations in this field would be eliminated. In addition, their demarcation is closely related to the concept of a passive subject, made up of persons to whom the law gives the capacity of members of the family. The paper also provides victimization factors, victimization predisposition and the consequences of domestic violence.
Keywords:
victim, injured party, passive subject, domestic violence.