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Regular version of the site

Article

Декриминализация домашнего насилия: три года спустя

Закон. 2019. № 12. С. 112-119.
Крутихина П. В.

The research paper analyzes the results of recent decriminalization of family battery, summarizes the judicial statistics and foreign experience in combating domestic violence. The author claims that family battery should be punished more severely than battery against unfamiliar people, however the concept of “close person” used in the previous version of Art. 116 of the Criminal Code should be revised. The article concludes that punishment in cases of domestic violence is ineffective, since the courts often impose fines which are paid out of the family budget. The author agrees with the position of the European Court of Human Rights and the United Nations: domestic violence in Russia must be criminalized again and private prosecution in such cases is unacceptable. The article also summarizes the positive experience of restorative justice in cases of domestic violence.