On the issue of qualification of criminal offence connected to domestic violence

Abstract

The article deals with the issue of considering the fact that a person has a criminal record on criminal offence connected with domestic violence as a part of the ‘systematic nature’ characteristic. It is stated that the ‘domestic violence’ is used in the expression of criminal offences connected to domestic violence not within the scope of Article 1261 of Criminal Code of Ukraine but the framework of Law of Ukraine ‘On prevention and combat against domestic violence’, thus the ‘systematic nature’ characteristic does not cover criminal offences connected to domestic violence. It is pointed out that criminal liability for a criminal offence connected to domestic violence has criminal- law consequences and thus shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine. The following rules of qualification of criminal offences connected to domestic violence are formulated: 1) if a person has a criminal record for a criminal offence connected to domestic violence then such offence shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine provided that the offence has not lost it criminal law consequences; 2) if a person a person has been prosecuted twice or more times for an administrative offence under Art. 1732 of Code of Administrative Offences of Ukraine and has committed a criminal offence connected to domestic violence then such offence shall be taken into account when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine and in cases when sanction for such offence is greater than the sanction provided for in Art. 1261 of CC of Ukraine, such actions shall be qualified as cumulative criminal offence. It is concluded that there could be a number of such combinations but the key conclusion is that it is necessary to account for criminal record for a criminal offence connected to domestic violence provided that such offence has not lost its criminal-law consequences when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine.