Study of Domestic Violence Prevention Act and Crime of Violation of a Protection Order
Date Issued
2015
Date
2015
Author(s)
Fan, Hsin-Yuan
Abstract
The Domestic Violence Prevention Act has been effective since 1999 in Taiwan. The act intervenes in domestic sphere by demanding the offender to comply with the protecionorder, and enhance the effectiveness of the protection order by imprisonment, detention or fine. However, the prosecutor accuses the offender as contempt of court, and disregard whether the victim want to sue his/her family or not. The main purpose of this thesis is to query the rationality of compulsory prosecution in domestic violence case. Chapter 1 is about the research motives and methods. The definition and cause of domestic violence is presented in the second chapter. The legislative purposes and the element of crime of violation of a protection order are also written in chapter 3. In chapter 4, the statistics prove that if the victim doesn’t want to sue the offender, the term of imprisonment will be shortened and the probability of probation will rise significant. Because domestic violence usually occurs in private area, the relationship between the victim and the offender are close, and many victims suffer the battered woman syndrome, the crime of violation of a protection order in the Domestic Violence Prevention Act is compulsory prosecution. Nevertheless, the types of domestic violence are very complex, and the agency of each victim is different. No matter who you are, where socioeconomic status you located, as a victim, you has no choice but compulsory prosecution. This study consider that compulsory prosecution deprives victims’ right of “not to complaint” and reduce the possibility of fixing the relationship. Therefore, the conclusion of this thesis is the crime of violation of a protection order should no trial without complaint. Only some exceptions, such as the victim has no or is limited in capacity to make juridical acts, are compulsory prosecution.
Subjects
domestic violence prevention act
crime of violation of a protection order
protection order
battered woman syndrome
agency
compulsory prosecution
Type
thesis