DOMESTIC VIOLENCE IS PUNISHABLE
Domestic violence is a widespread phenomenon worldwide and typically affects the interests of women, children, and the elderly.
As a rule, offenses are committed by individuals leading an antisocial lifestyle, previously convicted, and not having reformed. These are usually individuals who abuse alcohol, violate public order, and engage in torture of family members and relatives.
Drunkenness should be considered among the most criminogenic conditions. This is because alcohol consumption, especially systematic consumption, contributes to the fading of emotional experiences, weakening or loss of self-control, and the manifestation of cruelty and aggressiveness.
It is no coincidence that the vast majority of individuals who have committed crimes in the sphere of domestic violence have previously consumed alcohol or were intoxicated at the time of the offense.
For example, in May of the current year, the district prosecutor's office supported the state prosecution in a criminal case charging Sh. with committing a crime under Part 1 of Article 154 of the Criminal Code of the Republic of Belarus.
It was established that Sh., having been previously convicted of a crime against life and health of citizens, during the period from April 30, 2023, to February 10, 2024, while intoxicated, intentionally and systematically beat his cohabitant G. six times, as established during the preliminary investigation, thereby causing physical pain and beatings that did not result in consequences provided for by Articles 147 and 149 of the Criminal Code of the Republic of Belarus, as well as bodily injuries that did not cause short-term health disorders.
As explained in the court hearing, the accused Sh. stated that he beat his cohabitant when she started to "throw a tantrum" to calm her down, or during quarrels over minor domestic disagreements. He admitted the facts of torture established by the investigation in court and repented of his actions. It should be noted that all instances of beating occurred during joint consumption of alcoholic beverages, which was one of the main conditions for the incident.
The sanction of Part 1 of Article 154 of the Criminal Code of the Republic of Belarus for the commission of the above-mentioned crime provides for punishment in the form of arrest for up to three months, restriction of liberty for up to three years, or imprisonment for the same period, with or without a fine.
When determining the type and extent of punishment for the accused Sh., the court took into account the nature and degree of public danger of the committed crime, which is classified as a less serious offense; the personality of the accused, who had previously been held criminally and administratively liable, is characterized negatively at his place of residence, committed the crime while under preventive supervision, is characterized positively at his place of work, and apologized to the victim; as well as the personality of the victim, who is unemployed and against whom preventive measures were applied due to appearing in a public place while intoxicated, and also the circumstance that, despite the accused's violence against her, she continued to systematically drink alcoholic beverages with him.
The court also took into account the mitigating circumstance of sincere repentance for the committed crime, and the aggravating circumstances: commission of the crime by a person in a state of alcoholic intoxication, commission of the crime by a person who has previously committed any crime, if the criminal record for the previous crime has not been expunged or removed.
Taking into account the foregoing, Sh. is found guilty of committing a crime under Part 1 of Article 154 of the Criminal Code and is sentenced to three months of arrest with a fine of thirty basic units, amounting to 1200 rubles. Based on Article 107 of the Criminal Code, compulsory treatment for chronic alcoholism has been applied to Sh.
This court verdict has entered into legal force and has been sent for execution.