与家庭暴力有关的刑事犯罪的犯罪学特征

Yuliia Komarynska
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引用次数: 1

摘要

打击家庭暴力是最近才出现的问题。与其他犯罪行为相比,许多世纪以来,根据宗教标准、各国人民的传统和习俗,家庭暴力一直被认为是纯粹的家庭事务。尽管这种暴力有各种不良表现和后果,但并非所有国家至今都将这种行为定为刑事犯罪。改进调查家庭暴力的程序仍然是一项挑战,尽管已经取得了重大进展。这项研究的目的是探索和发展一种鉴定与家庭暴力有关的刑事犯罪的法医特征的结构,这是建立有效调查方法的起点。本研究采用科学方法(分析、建模和启发式)探讨各种刑事犯罪的调查方法,从而确定所探讨的刑事犯罪的法医特征水平,并将其主要和最重要的要素系统化。此外,对法庭惯例的分析得出的结论是,在审判前调查期间,刑事犯罪与家庭暴力之间的联系的事实没有确定或在程序上确定,因此法院不予以审议。研究者应该努力防止这种情况的发生。从调查的最初步骤开始,就有必要确定和记录家庭中有系统的暴力事实。而了解司法特征的具体要素及其相互关系,是侦查策略的选择、侦查策略的有效管理和策划的基础
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminalistics characterisation of criminal offences related to domestic violence
Combating domestic violence has become a relatively recent issue. Compared to other criminal acts, domestic violence has for many centuries been considered, by religious standards, traditions and customs of peoples, a purely family affair. Despite all the adverse manifestations and consequences of such violence, not all countries have criminalised such actions to the present day. Improving the process of investigating domestic violence remains a challenge, even though significant progress has been made. The purpose of the research is to explore and develop a structure for the forensic characterisation of criminal offences related to domestic violence, which is the starting point for establishing an effective methodology for their investigation. The research uses scientific methods (analysis, modelling and heuristic) to explore the methods of investigation of various criminal offences, which resulted in determining the levels of forensic characteristics of the criminal offences being explored and systematising its main and most significant elements. In addition, the analysis of court practice has allowed the conclusion that during the pre-trial investigation, the facts of the connection between a criminal offence and domestic violence are not established or procedurally fixed, and therefore are not considered by the court. The investigator should strive to prevent such a situation. From the very first steps of the investigation, it is necessary to establish and record the facts of systematic violence in the family circle. And the knowledge of specific elements of forensic characteristics and their correlations is the foundation for choosing the tactics of investigation, its qualified management and planning
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