PRE-CRIME CONCEPT OF THE LAW ON DOMESTIC VIOLENE PREVENTION –OBLIGATIONS OF THE STATE AND RISKS FOR THE HUMAN RIGHTS

Abstract

Lawmaker correctly identified domestic violence as a generator of numerous violations of human rights and gravely problem of our society by accepting responsibility and the obligations of the state in the private sphere. However, we can ask whether the pre-crime concept, for which lawmaker decided, is good enough, for two reasons: the inherent defects of the concept and high risk of human rights violations. Pre-crime concept is in deep contradiction with the foundations of the criminal law, which necessarily produces the implications on generally accepted understanding of justice. On the other hand, there are risks of application.56 However, pre-crime concept is nothing else but state clame for „more state“.57 Limits of state power in the fled of prevention, lie in the democratic principles of the society58. In the absence of proportionality, as one of preventive justice limits,59 Law on Domestic Violence Prevention is more like risk management document, than legal act of a democratic society. By protecting one right, Law completely neglect all other rights, abstracting from the fact that rights do not exist in vacuo, but are always in mutual interdependence.