与家庭暴力有关的刑事罪行:调查方法的结构

Yuliia Komarynska, Pavel Poliаn
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引用次数: 0

摘要

家庭成员的暴力不仅是有系统的,而且其特点是暴力的强度和侵略性增加,受害者感到不受惩罚和无力抵抗,导致严重的刑事和法律后果。即使发现了造成伤害或死亡的刑事犯罪,也并不总是能够将其与家庭暴力联系起来。这种情况可以通过遵循一个明确的、基于科学的行动结构来避免。因此,今天有必要为调查人员在调查家庭暴力导致的刑事犯罪时的行动开发算法。这就是为什么在本文中,作者旨在确定刑事侦查过程中相互依存的要素。为达到这一目的,笔者采用了分析、综合、问卷调查法、分解法和专门的法律方法。因此,这项工作可以证实将调查方法划分为九个强制性结构要素的便利性。这些要素的完备性取决于侦查情况、犯罪行为的具体类型、犯罪计划实施的形式、罪犯的身份(实施系统家庭暴力的人、遭受家庭暴力的人或目击证人)、是否有犯罪前科、犯罪地点(农村地区或大城市环境)。发件人证实有必要在方法的结构中列入诸如“与国家和公共当局、机构和组织在预防和打击家庭暴力和基于性别的暴力方面的相互作用”和“调查人员在与家庭暴力有关的刑事诉讼中的预防性活动”等结构要素。还确定,方法的有效性取决于调查(侦查)行动的相互依赖性、对调查各阶段的遵守以及有关专家的及时参与。这些要素如果适当地排序和组合,就构成了调查这类刑事犯罪的方法。这项工作的实用价值在于形成一个有效的方案,规划调查员的行动,不仅要建立事件的情况,而且要建立家庭暴力与其他刑事犯罪之间的因果关系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal offences related to domestic violence: Structure of the investigation methodology
Violence by family members is not only systematic, but is also characterized by an increase in its intensity, aggression, and the victim's sense of impunity and inability to resist leads to serious criminal and legal consequences. Even when criminal offenses that result in injury or death are detected, it is not always possible to establish their connection to domestic violence. This situation can be avoided by following a defined, scientifically based structure of actions. Therefore, today there is a need to develop algorithms for investigator's actions during the investigation of criminal offenses resulting from domestic violence. That is why in this article the author aims at identifying the interdependent elements of the criminal investigation process. To achieve this goal, the author used the methods of analysis, synthesis and questionnaire, the method of decomposition, and the special legal method. As a result, this work has made it possible to substantiate the expediency of dividing the investigation methodology into nine mandatory structural elements. The completeness of such elements depends on the investigative situation, the specific type of criminal offense committed, the form of criminal plans implementation, the identity of the offender (either a person who commits systematic domestic violence or a person who is a victim of such violence or a witness thereto), the presence or absence of previous experience of the offender's illegal behavior, and the place of the criminal offense (rural area or a large city environment). The author substantiates the need to include such structural elements as "interaction with state and public authorities, institutions and organizations on preventing and combating domestic and gender-based violence" and "preventive activities of an investigator in criminal proceedings related to domestic violence" in the structure of the methodology. It is also determined that the effectiveness of the methodology is determined by the interdependence of investigative (detective) actions, compliance with the stages of the investigation and timely involvement of relevant specialists. Such elements, if properly sequenced and combined, form the methodology for investigating this category of criminal offenses. The practical value of the work lies in the formation of an effective program, planning of the investigator's actions not only to establish the circumstances of the incident, but also to establish the causal relationship between domestic violence and other criminal offenses.
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