Macau domestic violence law — case reclassification

In practice, the implementation of the domestic violence law[1] enacted in 2016 might not be as effective as expected by the community. Within the meaning of the domestic violence law, the crime of domestic violence is defined[2] as “any physical, psychological or sexual abuse that is committed in the context of a family or similar relationship”[3]. The expression “physical, psychological or sexual abuse” is vague and very often leads judicial officers to interpret that the requirement of gravity of bodily harm of the crime of domestic violence must be higher than that of simple assault[4].

At every stage of the proceedings, a domestic violence case may be reclassified as simple assault. The possibility of reclassification as simple assault deviates from the object of the domestic violence law. The continuation of the prosecution for the crime of simple assault is dependent on the victims’ complaint.[5] In cases which the crime of domestic violence is reclassified as simple assault, victims are informed of the option to discontinue the proceedings. Such reclassifications effectively leave them to the time before the enactment of the domestic violence law. Reclassification is only desirable when a more serious offence[6] applies. The issue of a difference between the definitions of simple assault and the crime of domestic violence should be addressed.

The Macau Research Group and the New Macau Association suggest the UN Human Rights Committee ask Macau, China the provide the numbers of cases in which the classification is changed from the crime of domestic violence to another crime at all stages of domestic violence cases (from the social workers to police to the public prosecutor to the court).

This article is an excerpt from a human rights report on Macau jointly submitted by the Macau Research Group and the New Macau Association to the UN Human Rights Committee in 2020. See here for the full report.

[1] Law no. 2/2016 “Law to prevent and combat domestic violence”

[2] Ibid, art. 4.

[3] In Portuguese, it reads “maus tratos físicos, psíquicos ou sexuais que sejam cometidos no âmbito de uma relação familiar ou equiparada”.

[4] Article 137 of CCM defines simple assault as “offend[ing] another person’s body or health”.

[5] CCM, art. 137(2).

[6] Such as, homicide (art. 128 of CCM) and aggravated homicide (art. 129 of CCM).