“Blue Card” Procedure
The “Blue Card” procedure applies if domestic violence is discovered. It may be initiated by the Police, the Committee for Solving Alcohol Problems, educational, healthcare and social welfare institutions. The abovementioned services are charged with the task of providing immediate assistance to the victim and taking further steps – establishing a “Blue Card”. The representative of one of these institutions who confirms that domestic violence occurs fills out the relevant form (Form A). It is done in the presence of the victim and with their consent.
The conversation which accompanies filling out the form must be held in a comfortable environment, guaranteeing freedom of expression. It means that the meeting cannot be held in the presence of a family member suspected of violence. In case of minors, a parent or guardian should be present when the “Blue Card” is established. If it is the latter person who is suspected of violence, they need to be substituted by another close person. The child should also receive psychological assistance.
Victims of violence are entitled to receive information on the course of the “Blue Card” procedure. They should also receive information on whether they may seek assistance and what kind of support they can count on. After Form A is filled out, the victim of violence receives Form B. Form A and a copy of Form B are made available to the members of the interdisciplinary team – a group of specialists working with victims of violence. The interdisciplinary team establishes and fills out another card – Form D, containing the information included in the previous documents. Card D should be established and filled out in the presence of the person suspected of violence, during a meeting of the team or an individual meeting of one of its representatives with the family member suspected of violence. Then the specialists – the interdisciplinary team – analyze the data included in the documents and elaborate an individual plan of assistance to the family affected by violence. The same group of experts is responsible for the implementation of the plan.
The procedure is closed when the team in charge of it finds that the violence problem has been solved or that the previously planned activities are not justified.
The objective of the “Blue Card” is to establish cooperation with the family affected by violence and to cover its members, both those experiencing violence and those using it, with therapy. The interdisciplinary approach is important. From the perspective of the “Blue Card” procedure, domestic violence is treated not only as a legal problem, but also as a health, psychological and social one.
The important thing is that the consent of the victim of violence is not required for the establishment of a “Blue Card" and the implementation of the abovementioned procedures. That is why the forms are not signed. Remember, domestic violence is a crime.
Article 2 of the Act on combatting domestic violence defines domestic violence as a single or repeated intentional act or omission, violating the rights or personal rights of the closest persons, sharing a household and managing it, in particular putting them at a risk of loss of their life and health, violating their dignity, physical integrity, freedom (including sexual), causing suffering and harm to the physical or mental health of the victims.
The issues of violence are also discussed in Article 207 of the Polish Criminal Code:
Article 207
- Whoever torments either physically or mentally a close person or another person remaining in a permanent or temporary relationship of dependence with the perpetrator or a minor or a mentally or physically challenged person, shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.
- If the perpetrator acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years.
- If act referred to in sections 1 or 2 results in an attempt on the part of the victim to take their own life, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 2 and 12 years.