Chinanews.com, August 2nd. According to a report from the Spanish edition of the European Times, according to UN Women's data, due to the outbreak of the new crown pneumonia, domestic violence cases, especially violence against women and children, are rising sharply.
During the Spanish state of alert, domestic violence incidents increased significantly in Spain. How does Spanish law define domestic violence? Why did domestic violence increase during the epidemic? What should women do if they encounter domestic violence? "Europe Times" interviewed lawyer Ji Yihong, the director of a Spanish Chinese law firm. He answered these questions based on years of practical experience, and focused on the issues of domestic violence that Chinese people need to pay attention to.
Chinese have a higher rate of domestic violence
Statistics show that the use of emergency numbers for domestic violence in Spain during the ban was 18% higher than before the ban. Attorney Ji introduced that he went to the court to defend a Chinese domestic violence case. A total of 11 people were arrested in Madrid that day. Nine people were due to domestic violence, and the other two were due to drugs. Generally speaking, in the state of national alert, everyone stays at home, and fewer people are arrested, but people arrested for domestic violence account for a very high proportion. According to Lawyer Ji, domestic violence is more serious among Chinese. His law firm used to have at least one domestic violence case every month, sometimes two or three.
According to statistics, the incidence of intimate partner violence in high-income countries is about 23.2%, in the Western Pacific region is about 24.6%, in the Eastern Mediterranean region is about 37%, and in Southeast Asia, it is about 37.7%. Attorney Ji said that he also noticed in his actual work that the proportion of Chinese domestic violence is relatively high, followed by South Americans. Domestic violence among Chinese usually occurs after a fight.
Before 2004, the consequence of domestic violence in Spain was a fine of 90 euros. In 2004, Spain passed a domestic violence law. If a domestic violence woman, such as a slap or a push, can constitute a domestic violence crime even if she is not injured. Even verbal threats constitute domestic violence. Domestic violence can be sentenced to 6 months to 1 year in prison.
Serious consequences for children's domestic violence
Domestic violence is not only for the other half, but also for children. Domestic violence against children in Spain can even deprive the child of custody if the circumstances are serious. If both parents are violent to the child, the child can only be brought up by another family if both parties are deprived of the custody of the child.
Lawyer Ji said that beating children and domestic violence against children are also common problems for Chinese living in West China. It is understandable that sometimes the family conditions are not very good, or the husband and wife both work, the pressure is greater, and the child is not well taken care of, it is easier to lose your temper, beat the child, and sometimes even break the child. serious. Because this is not only a crime of domestic violence, but also a crime of injury.
After the domestic violence case is filed, the person who reports the crime is easy to regret
Another feature of the domestic violence case is that I was domestically abused today and I want to sue the other half, but I don’t want to sue the other half after the case is filed. Attorney Ji often encounters this situation. However, if you do not report, the procuratorate will continue to report and cannot withdraw the case. Because domestic violence is a prosecution case. As a victim, he still has to testify in court and cannot give false testimony. In some special cases, it is not necessary to do the certification.
In addition, domestic violence is a family dispute. Without witnesses, testimony will be repeated. Even 10%-20% is a false accusation. For example, in order to obtain a more favorable result in the future divorce, the other party will first sue the man for domestic violence, so it is not ruled out that there will be false accusations of domestic violence. Generally speaking, domestic violence is part of the daily work of a law firm. Domestic violence cases are common but also complex.
Domestic violence can also lead to imprisonment. The same goes for Chinese families in West China. For example, if you commit a domestic violence crime for the second time, or even after being convicted of domestic violence, you have to probate your sentence, or you need to be isolated for more than one year. There are many situations in which they live together as soon as they are released. In addition, during the end of the sentence or the probation period, you must participate in the study class. This is an educational psychology course and is mandatory. Some Chinese feel that they don't understand in class, so they don't go. At the same time, without consulting a lawyer, the court will cancel the postponement decision and continue to detain the prison if the class that should be attended is not. (Tang Yiyi)