Criminalistics characterisation of criminal offences related to domestic violence

Abstract

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

Keywords

• investigation
• method of commission
• investigation process
• procedural law
• unlawful acts