ON LIABILITY FOR DOMESTIC VIOLENCE

Domestic violence is one of the most common, difficult, and traumatic life situations. It is a complex problem with potentially very serious consequences for both individuals and society as a whole. The most defenseless categories of citizens are subjected to domestic violence: women, children, the elderly, and people with disabilities. Cruelty in the family breeds reciprocal cruelty. In particular, children adopt the behavioral model in which they are raised within the family and then replicate it in their lives. The most common form of domestic violence is violence against women. Physical violence poses a serious threat to their health and lives.

Article 154 "Torture" of the Criminal Code of the Republic of Belarus most fully reflects the criminal actions committed in cases of domestic violence.

Part one of the said article provides for liability for intentional infliction of prolonged pain and torment by methods causing special physical and mental suffering to the victim, or systematic battery that did not result in consequences provided for by Articles 147 and 149 of the Criminal Code, in the form of arrest, or restriction of liberty for up to three years, or deprivation of liberty for the same term, with or without a fine.

Part two of Article 154 of the Criminal Code provides for liability for torture committed against a woman known by the perpetrator to be pregnant, or an elderly person, or a minor, or a person in a helpless state or dependent position, or by a person previously convicted of torture. For the commission of the specified actions, punishment is provided in the form of restriction of liberty for a term of one to three years with or without a fine, deprivation of liberty for a term of one to five years with or without a fine.

Thus, in January of the current year, the court of Miory District considered a criminal case against a resident of one of the villages in the district, who systematically beat his cohabitant for several months, causing her bodily injuries of varying degrees of severity.

It was established in court that the accused, during the period from February 11, 2023, to October 01, 2023, each time being in a state of alcoholic intoxication, at his place of residence, during quarrels that occurred between them, systematically beat the victim with his hands and feet, causing her a broken nose, tooth crown, ribs, bruised head and lip wounds, and other injuries.

The accused fully admitted his guilt, repented of his actions, and apologized to the victim.

The court, taking into account the mitigating circumstance of sincere repentance for the committed act, and the aggravating circumstance of committing the crime while in a state of alcoholic intoxication, and considering the information about the offender's personality, sentenced the accused in accordance with the sanction of Part 1 of Article 154 of the Criminal Code of the Republic of Belarus to restriction of liberty for a term of two years and 6 months without a fine. In addition to the specified crime, the accused committed two more crimes, for which he was found guilty and sentenced under the relevant articles of the Criminal Code. Based on Article 107 of the Criminal Code of the Republic of Belarus, compulsory treatment for chronic alcoholism was applied to him.

The court's sentence has entered into legal force.

One of the features of this type of crime is its latent nature. Many victims of violence do not report their experiences due to shame, fear of repeated violence, or their dependent position on the perpetrator, as evidenced by statistical data on the number of persons brought to justice.

For 2023, the district court considered one criminal case related to domestic violence; for the past period of 2024, also one.

It should be noted that domestic violence itself will never cease. The sooner the victim turns to law enforcement agencies, the faster the perpetrator will be brought to justice for his actions.