‘Call it by its Name’ – Introducing Femicide as a Separate Criminal Offence in Croatia

• In Event: Gender in criminal law and policy: Europe-wide perspectives

Abstract

In March 2024 Croatia became one of the first EU countries, after Cyprus and Malta, to introduce femicide as a distinct criminal offence. Prior to the 2024 amendment, Croatian jurisprudence lacked a specific legal framework to address gender-based killings, relying instead on general homicide provisions. In practice this often led to failures in recognizing aggravated crime elements which constitute murder and ultimately resulted in rather lenient sentences.
The legislative change was prompted by several brutal murders of women in Croatia and in the region, including a particularly heinous case of killing of a young woman by her partner, live-streamed by him on Instagram, in the neighbouring Bosnia and Herzegovina – which led to a series of protests and pressure from associations for women’s rights and public in general. Political decision to introduce a separate offence of ‘aggravated murder of a female person’ was, however, met with resistance in the legal profession, in particular judiciary, with Supreme Court judges even publicly advocating for traditional ‘gender neutrality’ of criminal law.
This paper examines this legislative, and policy, shift from gender neutral to gender sensitive criminal law. The shift is reflected not only in the new provision effectively introducing femicide, but also in inclusion of ‘gender-based violence against women’ as an ex lege aggravating circumstance across all criminal offences. The analysis scrutinizes the expected impact of the new amendments, particularly the potential to enhance prosecution and sentencing in cases of femicide. It draws on limited comparative experiences, contrasting Croatia's new femicide legislation with approaches adopted in other jurisdictions. This comparative analysis highlights the diverse legal strategies employed globally to address femicide, offering insights into the effectiveness and potential challenges of different legislative models in responding to existing societal inequalities through criminal law.

Authors

• Maja Munivrana, Faculty of Law, University of Zagreb

• Aleksandar Marsavelski, Faculty of Law, University of Zagreb