🔍 CRIMINAL LAW: Restraining Order
Restraining orders protect victims by imposing temporary limitations on fundamental rights for accused or investigated individuals. Learn more about their definition, regulation in the Penal Code, and when they can be imposed.
🤔 What is a restraining order?
It is a prohibition for investigated or convicted individuals, preventing them from residing, approaching, or communicating with specific people or places, safeguarding victims.
📘 Where is it regulated?
In Article 39 paragraph g), and Articles 48 and 57 of the Penal Code.
🗓️ When is it imposed?
In cases where there is a need to protect victims of crimes specified in Article 57. In cases of gender-based violence, it is mandatory after a conviction.
🤷♂️ Measure vs. Penalty
It can be a precautionary measure during a proceeding or an accessory penalty. It differs in duration and conditions.
📜 What does a restraining order include?
Prohibitions such as communication, approaching individuals or places, and even residing in certain populations.
👀 How is it monitored?
Electronic means, such as GPS tracking bracelets, can be used according to Article 48.4 of the Penal Code.
⏳ How long does it last?
It varies depending on whether it is a precautionary measure or an accessory penalty, with a maximum limit of 10 years.
❓ What happens if it is violated?
Consequences depend on who violates it. For the victim, there are no criminal consequences, but for the investigated individual, it can result in a violation offense with prison sentences.
🚫 Is it possible to lift a restraining order?
Only as a precautionary measure and if it is no longer necessary. In practice, it is exceptional.