Croatia and femicide: after horrifying femicide cases, Croatia has finally announced a new bill aiming to include femicide in the Criminal Code

Croatia and femicide: after horrifying femicide cases, Croatia has finally announced a new bill aiming to include femicide in the Criminal Code
Photo Source: EPA-EFE/ANTONIO BAT

04-10-2023

Roza Cseby 

Women’s Rights Researcher, 

Global Human Rights Defence.

On 13 September, Croatia announced a new bill aiming to introduce femicide into the country’s criminal code and impose longer prison terms for rape crimes (Carbonaro, 2023). The importance of the new bill is profound. On one hand, Croatia has witnessed a disturbing rise in femicide cases in recent years, including instances occurring in public spaces (Klarić, 2022). On the other hand, the criminalisation of femicide is an uncommon practice in Europe, with only two European nations, namely Malta and Cyprus, recognising it as a distinct criminal offence. The proposed bill is expected to come into force in January 2024 (Carbonaro, 2023). 

“The proposed measures are a confirmation of what we keep repeating – the political will to fight violence against women exists. It is unquestionable, constant, ethical, and it is our value system, “ said Croatia’s Prime Minister, Andrej Plenkovic, in reaction to the newly announced bill in Zagreb. The crime of femicide will be punishable with a 10-year prison sentence at the minimum but it can be longer depending on the circumstances of the crime. Simultaneously, Croatia will exacerbate punishment for rapists, ranging from 3 to 8 years, as compared to the previous range of 1 to 5 years (Carbonaro, 2023). 

The new Criminal Procedure Act will grant greater rights to victims, among others, the right of the victim to appeal against decisions regarding the establishment, prolongation, or revocation of precautionary measures, such as restraining orders. Moreover, the victim will be involved in the process, and the court will be obligated to consider the victim’s statement regarding the potential threat to her safety when deciding on a restraining order. Furthermore, the abolishment of the statute of limitations for crimes of paedophilia and the more precise legal provisions with regard to intrusive behaviour and sexual harassment is intended to combat violence against women and protect children’s rights. “When violence reaches the judiciary, it is already too late. The goal is an unequivocal message that violent people should be excluded from society, and victims should be given full support,” said Minister of Justice and Administration, Ivan Malenica, when proposing amendments to legislation (Tesija, 2023).

A long road to the newly announced bill

According to the World Health Organization (WHO), femicide is defined as the deliberate killing of women due to their gender. WHO reports that the majority of femicide cases are perpetrated by men, often individuals closely connected to the victim, such as those in intimate relationships with the victim. Typically, femicide is associated with a history of domestic violence, threats, sexual abuse, or other situations where the perpetrator possesses greater power and resources than the woman involved (Klarić, 2022). 

Before the announcement of the new bill, the Croatian Criminal Code did not recognise the term femicide, despite the Resolution on femicide adopted by the European Parliament in 2015. In 2018, Croatia became a signatory to the Istanbul Convention, a legally binding instrument aimed at establishing a comprehensive legal framework to combat violence against women. However, government data revealed that, despite this commitment, 90% of incidents involving violence against women and domestic violence in Croatia were categorised as offences, falling short of the convention's call for stringent sanctions and their inclusion in the Criminal Code (Klarić, 2022).

Since 2019, Croatian citizens have become increasingly aware of the problem. During the spring of 2019, Croatian actress and screenwriter Jelena Veljača initiated the creation of a Facebook group called #spasime (#saveme) in response to a tragic incident on the island of Pag where a man had thrown his four children off a balcony. Subsequently, a protest in Croatia's capital, Zagreb, drew nearly 50,000 participants. Between 2021 and 2022, two murders of women in public places put even more pressure on the government to act. In December of 2021 December, a 44-year-old shop assistant was attacked by her ex-partner in a mall in Split. According to the police report, he initially verbally confronted the victim, accusing her of preventing him from seeing his child, before proceeding to assault her with a sharp weapon. The woman was stabbed 15 times. Another case happened a month later in the city of Rijeka when a  67-year-old woman had coffee with a 36-year-old man. Suddenly, the man threw her to the ground and began to attack her savagely. The woman died from blows to her head and body (Klarić, 2022). In 2021 altogether, 14 women were killed in Croatia, 11 of whom were murdered by their partners (Carbonaro, 2023). 

The inclusion of femicide in the Croatian Criminal Code is a big step toward ensuring women’s rights and safety in the country and a good example for other EU Member States. Neva Tolle, from the Autonomous Women’s House, welcomed the changes as “This time, the government has done a great job and made a big step forward for the benefit of women and children who are still living in violent relationships” (Tesija, 2023).

Sources and further readings:

Carbonaro, G. (15 September 2023). Croatia announces new bill to recognise femicide in country's criminal code. Euronews. Retrieved on 4 October 2023 from https://www.euronews.com/2023/09/15/croatia-announces-new-bill-to-recognise-femicide-in-countrys-criminal-code#:~:text=Ideally%2C%20they%20should%20come%20into,and%20could%20possibly%20be%20longer 

Tesija, V. (13 September 2023). Croatia Announces New Bill to Include Femicide in Criminal Code. BalkanInsight. Retrieved on 4 October 2023 from https://balkaninsight.com/2023/09/13/croatia-announces-new-bill-to-include-femicide-in-criminal-code/ 

Klarić, P. (15 Marach 2022). Femicide in Croatia: three murders that shocked the nation. Medfeminiswiya. Retrieved on 4 October 2023 from https://medfeminiswiya.net/2022/03/15/femicide-in-croatia-three-murders-that-shocked-the-nation-femicide-in-croatia-three-murders-that-shocked-the-nation/?lang=en 

Unveiling Stories (15 September 2023). Croatia announces new bill to recognise femicide in country's criminal code || News 360 ||. Retrieved on 4 October 2023 from https://www.youtube.com/watch?v=9QKz9ptr2s4