This last chapter offers a comparative analysis to establish common problems and to generate core solutions from different jurisdictions in Europe, as such, to reach a holistic solution on how to tackle the issue of ineffective criminal prosecution. It shows some core areas as follows: (1) under and over-use of criminal law in conjunction with the State’s positive obligation; (2) the multi-causality of violence vs. mono-causal risk analyses; (3) breaking down the public/private dichotomy; (4) equal access to justice: secondary victimization and procedural rights; (5) a need to change the lenses also for domestic violence; and (6) a holistic approach and an effective co-operation as an urgent need. Finally, it provides conclusive remarks.

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Concluding Remarks: Common Problems and Core Solutions in Prosecuting Domestic Violence

  • Rahime Erbaş

摘要

This last chapter offers a comparative analysis to establish common problems and to generate core solutions from different jurisdictions in Europe, as such, to reach a holistic solution on how to tackle the issue of ineffective criminal prosecution. It shows some core areas as follows: (1) under and over-use of criminal law in conjunction with the State’s positive obligation; (2) the multi-causality of violence vs. mono-causal risk analyses; (3) breaking down the public/private dichotomy; (4) equal access to justice: secondary victimization and procedural rights; (5) a need to change the lenses also for domestic violence; and (6) a holistic approach and an effective co-operation as an urgent need. Finally, it provides conclusive remarks.