The influence of mitigating and aggravating circumstances on the application of criminal responsibility for family violence against a person

Abstract

The article indicates the presence of mass violent behavior in society, which is largely determined by family relations. It is noted that the causes of violent crimes are rooted, as a rule, in social conflicts manifested at various levels of society, primarily in the family and domestic sphere. The social environment at the macro-level of socio-economic factors that have an impact on the change in crime, numerous criminological studies indicate the state of family and domestic relations. The weakening of the role of the family in the formation of a minor, the reduction of its educational function as a result of the disintegration of the family, the absence of one of the parents, the occurrence of conflictual, criminogenic situations in the family - all this negatively affects the dynamics of crime. The study analyzes the question of whether mitigating and aggravating circumstances for criminal offenses of family violence against a person will have an impact on the final type and degree of punishment. Emphasis is placed on the criminogenic nature of the family institution today, during the war, which contributes to the formation of intra-family aggressiveness. The situation is also complicated by the fact that the use of mitigating circumstances in family conflicts is still not given much attention in our country. In the familistic specialist literature, the insufficiency of the development of the problem of the formation of marital tolerance, ways and methods of its upbringing of the personality of minors is noted. Which, in turn, reduces the possibility of releasing such persons from criminal liability.

Keywords

• Criminal responsibility
• violence
• person
• criminal offense
• crime
• family conflict