Protection of Women and Other Family Members from Domestic Violence

The provisions of this law shall apply to cases of domestic violence in accordance with the rules set out in the following articles.

The following terms, wherever they appear in this law, shall have the meanings assigned to them below:

* Family: includes either of the spouses, the father and mother of either of them, brothers and sisters, ascendants and descendants whether legitimate or illegitimate, and persons united by a bond of adoption or affinity up to the second degree, or by guardianship, legal authority, kafala of an orphan, stepfather or stepmother.

* Domestic violence: any act or omission, or the threat thereof, committed by a family member against one or more family members within the meaning defined in the definition of family, that involves one of the offences provided for in this law and results in death or physical, psychological, sexual or economic harm.

A- Domestic violence offences shall be punished as follows:

1- Article 618 of the Penal Code is amended to read as follows: The amendment was incorporated into the text of the said article.

2- Article 523 of the Penal Code is amended to read as follows: The amendment was incorporated into the text of the said article.

3- Article 527 of the Penal Code is amended and a new paragraph is added thereto to read as follows: The amendment was incorporated into the text of the said article.

4- A new paragraph is added to Article 547 of the Penal Code to read as follows: The amendment was incorporated into the text of the said article.

5- Article 559 of the Penal Code is amended to read as follows: The amendment was incorporated into the text of the said article.

6- Articles 487, 488 and 489 of the Penal Code are amended to read as follows: The amendment was incorporated into the text of the said articles.

7-A- Any person who, with intent to claim his conjugal rights of intercourse or on account thereof, beats or injures his wife shall be punished by one of the penalties provided for in Articles 554 to 559 of the Penal Code. In the event of a repetition of the beating or injury, the penalty shall be aggravated in accordance with the provisions of Article 257 of the Penal Code. Withdrawal of the complaint extinguishes the public prosecution in cases to which Articles 554 and 555 of the Penal Code apply. The provisions governing cases of recidivism and habitual criminality shall remain operative whenever their conditions are met.

7-B- Any person who, with intent to claim his conjugal rights of intercourse or on account thereof, threatens his wife shall be punished by one of the penalties provided for in Articles 573 to 578 of the Penal Code. In the event of a repetition of the threat, the penalty shall be aggravated in accordance with the provisions of Article 257 of the Penal Code. Withdrawal of the complaint extinguishes the public prosecution in cases to which Articles 577 and 578 of the Penal Code apply. The provisions governing cases of recidivism and habitual criminality shall remain operative whenever their conditions are met.

The Appellate Public Prosecutor shall assign one or more public attorneys in the governorate to receive and follow up complaints relating to incidents of domestic violence.

A unit specialised in domestic violence offences shall be established within the Directorate General of the Internal Security Forces to perform the functions of the judicial police in respect of complaints filed with it or referred to it in accordance with the provisions of this law.

The unit shall be organised in accordance with the laws and regulations governing the Internal Security Forces so as to cover the entire Lebanese territory. In forming the unit, care shall be taken to include female personnel and to ensure that its members are adequately trained in conflict resolution and social counselling.

Members of the unit shall conduct their investigations in the presence of social workers, knowledgeable in family affairs and conflict resolution, chosen from a list drawn up by the Ministry of Social Affairs.

The jurisdiction of the unit shall remain in force in the event of joint criminal liability.

Members of the unit may proceed to the scene of the crime whenever the need arises and within the limits of applicable laws.

In addition to territorial jurisdiction under the general rules, the victim shall have the right to file the action at her temporary or permanent place of residence.

Subject to the provisions of Article 41 of the Code of Criminal Procedure, judicial police officers shall proceed without delay to the scene of domestic violence, after notifying the public attorney assigned to handle domestic violence cases, in the following situations:

• Where a flagrant domestic violence offence has been established. • Where they are notified of the existence of a protection order in connection with domestic violence that is being violated.

A judicial police officer who attempts to coerce the victim of abuse or to exert pressure on him or her with the aim of inducing that person to withdraw his or her complaint shall be punished by the penalty prescribed in Article 376 of the Penal Code.

Neglect by a judicial police officer of complaints and notifications concerning domestic violence offences shall be considered a grave fault in accordance with the provisions of Article 130, paragraph 2, of Law No. 17 dated 6/9/1990 (Organisation of the Internal Security Forces), and the perpetrator shall be referred to the disciplinary board.

The judicial police, upon receiving complaints and notifications and after consulting the public attorney assigned to handle domestic violence cases and under his supervision, shall:

• Hear the victim and the suspects, in the presence of the social delegate referred to in Article 5 of this law, after informing them of the rights set out in Article 47 of the Code of Criminal Procedure.

• Hear witnesses to domestic violence including minor children, in the presence of the social delegate provided for in Article 34 of Law No. 422 dated 6/6/2002.

Judicial police officers shall inform the victim of her right to obtain a protection order in accordance with the provisions of Article 12 and subsequent articles of this law, and of her right to be assisted by a lawyer if she so wishes, in addition to informing her of all other rights set out in Article 47 of the Code of Criminal Procedure.

The public attorney assigned to receive complaints relating to domestic violence may, prior to the issuance of a protection order by the competent authority, instruct the judicial police, under his supervision, to take one or more of the following measures:

A- Obtain an undertaking from the respondent not to approach the victim and the other persons enumerated in Article 12 of this law or to incite others to approach them, under pain of application of paragraph (B)(1) of this article.

B- Where a danger to those same persons exists:

1. 1)Prohibit the respondent from entering the family home for a period of 48 hours, renewable once, if there is no other means of securing protection for the victim, her children and the other persons enumerated in Article 12 of this law.
2. 2)Detain the respondent in accordance with Article 47 of the Code of Criminal Procedure.
3. 3)Transfer the victim and the other persons enumerated in Article 12, if they so wish, to a safe place at the expense of the respondent according to his means.

C- If the violence results in a need for medical or hospital treatment, the victims of violence shall be transferred to hospital, with the respondent advancing the treatment costs.

If the respondent refuses to advance the costs referred to in paragraph (B)(3) and paragraph (C) of this article, the procedures followed for the enforcement of maintenance judgments under the Code of Civil Procedure shall apply against him.

Notwithstanding Article 999 of the Code of Civil Procedure, the decision to imprison the respondent who refuses to advance the aforementioned costs shall be issued by the Public Prosecution.

A protection order is a temporary measure issued by the competent judicial authority in accordance with the provisions of this law in connection with the examination of domestic violence cases.

The protection order aims to protect the victim and her children. Other descendants and other persons residing with her shall also benefit from the protection order if they are exposed to danger, as shall social workers, witnesses and any other person providing assistance to the victim, in order to prevent the continuation of violence or the threat of its repetition.

For the purposes of this law, the children covered as a matter of law by a protection order are those who are of the age of legal custody in accordance with the provisions of the personal status laws and other applicable laws.

The application for a protection order shall be submitted before the investigating judge who has seized himself of the case or the criminal court hearing it, and shall be examined in chambers.

In all cases, it shall also be permissible to submit the application before the judge of urgent matters in ex parte proceedings.

The decision issued by the investigating judge or the single judge may be appealed in accordance with the procedures prescribed in the Code of Criminal Procedure.

The decision issued by the judge of urgent matters may be challenged in accordance with the procedures prescribed for ex parte decisions in the Code of Civil Procedure.

The appeal of the decision containing a protection order, or the challenge thereto, shall not stay execution unless the competent court decides otherwise.

The decision issued by any of the judicial authorities referred to in this article shall not be subject to cassation.

The decision in the two cases set out in the first and second paragraphs of this article shall be issued within a maximum period of forty-eight hours.

The protection order shall include the obligation of the respondent to comply with one or more of the following measures:

1. Prohibition from approaching the victim and the other persons enumerated in Article 12 of this law or from inciting others to approach them.

2. Prohibition from interfering with the continued occupation by the victim and the persons residing with her who are covered by the protection, of the family home.

3. Removal of the perpetrator of violence from the home, on a temporary basis and for a period determined by the competent authority, upon the perception of any danger to the victim.

4. Removal of the victim and the persons residing with her who are covered by the protection, upon the perception of any actual danger to them that may result from their continued occupation of the family home, to a safe and suitable temporary residence. In the event of the removal of the victim from the home, her children who are of the age of legal custody shall leave with her as a matter of law; likewise, other children and residents shall leave with her if they are exposed to danger. The respondent shall, according to his means, advance the costs of accommodation.

5. Advance of a sum, according to the respondent's means, for food, clothing and education, for those whom he is obligated to support.

6. Advance of a sum, according to the respondent's means, on account of the costs necessary for the medical or hospital treatment of the victim and the other persons enumerated in Article 12 of this law, if the violence committed necessitates such treatment.

7. Prohibition from causing damage to any of the personal property of the victim and the persons covered by the protection order.

8. Prohibition from causing damage to the household furniture and the common movable property, and prohibition from disposing of them.

9. Enabling the victim, or the person she designates, in the event she leaves the home, to enter it in order to retrieve her personal belongings, by virtue of a handover report.

In the case of any temporary advance, the victim or the respondent retains the right to petition the competent courts to obtain the appropriate ruling in accordance with the rules applicable before them.

The enforcement of a maintenance judgment issued by the competent courts shall stay the authority provided for in the protection order.

The submission of a protection application shall not preclude the right of the victim or the respondent to file or pursue an action before the courts of all types and jurisdictions.

The protection application shall be submitted without the need to engage a lawyer and shall be exempt from judicial fees and costs.

A protection order issued by the urgent matters court shall be enforceable on the original.

A protection order issued by the criminal judiciary shall be enforced through the Appellate Public Prosecution.

The victim, other beneficiaries of the protection order, the respondent or the defendant may request the authority that issued the order or the court hearing the case to cancel or modify it upon the emergence of new circumstances.

The review mechanism provided for in Article 13 of this law shall apply to the decision ordering cancellation or modification.

Any person who violates a protection order shall be punished by imprisonment for up to three months and a fine not exceeding twice the minimum wage, or by either of these two penalties.

If the violation is accompanied by the use of violence, the offender shall be punished by imprisonment for up to one year and a fine not exceeding four times the minimum wage.

The penalty shall be doubled in the event of recidivism.

Proceedings before the authorities hearing domestic violence offences shall be conducted in camera.

In addition to the penalties prescribed under the provisions of this law, the court may order the perpetrator of a domestic violence offence to attend anti-violence rehabilitation courses at specialised centres.

A special fund shall be established, enjoying legal personality and financial and administrative independence, to assist domestic violence victims and provide care for them, and to make available the means conducive to reducing and preventing domestic violence offences and to rehabilitating their perpetrators.

The fund shall be financed from: - State contributions, a nominal appropriation being allocated for this purpose in the annual budget of the Ministry of Social Affairs. - Donations.

The statutes of the fund shall be determined by a decree adopted in the Council of Ministers upon the joint proposal of the Ministers of Justice and Social Affairs.

The general regulations for public institutions issued by Decree No. 4517/1972 shall apply to the fund.

The fund shall be subject to the oversight of the Minister of Social Affairs.

Save for the rules governing the jurisdiction of the personal status courts and the provisions of personal status law, which shall continue to be exclusively applied within the scope of their jurisdiction, and the provisions of Law No. 422 dated 6/6/2002 (Protection of Juveniles in Conflict with the Law or at Risk), all provisions contrary to this law or inconsistent with its substance are hereby repealed.

This law shall enter into force upon its publication in the Official Gazette.

Baabda, 7 May 2014 Signed: Michel Sleiman