Difficulties of proof in criminal proceedings concerning domestic violence

Анотація

The article is devoted to certain issues of evidence in the investigation of domestic violence. An important part of the article is the emphasis on the problems of proving the crime stipulated by Article 126 of the Criminal Code of Ukraine, which is quite understandable due to the significant complexity in the process of collecting, verifying and evaluating evidence, and also analyzing the circumstances that are subject to proof in accordance with the norms of the current Criminal Procedure Code of Ukraine.

The main criteria for the mandatory element of a criminal offense as a systematic commission of physical, psychological or economic violence are studied and the lack of unity in judicial practice regarding its interpretation is noted. In addition, the features of the use and importance of special knowledge in the study of traces of violence are revealed.

It is noted that in the process of investigating such criminal offenses, investigators make a significant number of tactical and procedural errors, in particular, they do not correctly apply the norms of the law, neglect special knowledge, which negatively affects the course and results of the investigation and, accordingly, further legal proceedings.

It is emphasized that the relevance of the topic is due to the need for constant updating of knowledge about domestic violence. Attention is focused on the study of the problems of proof, taking into account the vulnerability of victims and other obstacles: fear, public condemnation, distrust of law enforcement agencies. Domestic violence is a cancerous tumor that does not stop growing, striking regardless of gender, financial situation, age and status. The idea is proven that changes should occur not only in legislation, but also in the public consciousness.

The thesis is substantiated that most often women become victims of domestic violence. Men also suffer from it, but have more opportunities to get out of a situation of violence. Often the victim does not even realize that she has become a victim of domestic violence. She justifies it by the need to preserve the family. Usually, domestic violence begins with psychological forms: accusations, scandals, manipulations. As a result, a person undergoes such deep internal changes that often do not allow them to see what is really happening. A person who has suffered violence becomes insecure, submissive, intimidated, unable to make decisions on their own, to protect themselves and their children. Society’s tolerant attitude towards violence, a sense of shame, and blaming victims often force them to hide the facts of violence even from their closest circle.

That is why the effectiveness of responding to cases of domestic violence and further investigation largely depends on how serious attention is paid to this problem at the state level, primarily when forming and implementing state policy.