PP953
Analítico de Periódico
NAKANE, Tomohiro
Prosecution ex officio or following a complaint by the victim? : an analysis on offences related to violence against women and sexual offences / Tomohiro Nakane
New Journal of European Criminal Law, v.12 n.2 (2021), p-146-165
DIREITO PENAL COMPARADO, VIOLÊNCIA SEXUAL, VIOLÊNCIA CONTRA A MULHER, CRIMES SEXUAIS, CRIME PÚBLICO, QUEIXA
In recent years, there has been a tendency in cases of violence against women and sexual offences to prosecute them, regardless of whether the victim files their complaint. This article investigates the recent changes in European criminal law in this respect. The results indicate a variety of approaches under European Union (EU) law, Council of Europe (CoE) law and domestic approaches. Furthermore, existing EU and CoE law has not suggested an ‘in-between’ approach, which exists in some national legal systems such as that of Germany. On that basis, this article suggests a number of amendments to current EU and CoE law.