Features of the application of preventive measures in the investigation of criminal offenses related to domestic violence
Abstract
Taking into account the analysis of international legal documents, current legislation, ECHR practice, national case law, the peculiarities of preventive measures in the investigation of criminal offenses related to domestic violence have been singled out, in particular those relating to the grounds for preventive measures, the circumstances taken into account election, the procedure for electing restrictive measures.
It is proved that the meaning of the concept of "criminal offense related to domestic violence" is much broader than purely domestic violence as a part of a criminal offense under Art. 126-1 of the Criminal Code of Ukraine.
It is emphasized that tools for assessing the risk of domestic violence have not yet been developed for investigators, prosecutors and judges. The list of circumstances that can be clarified during the application of a preventive measure against a person suspected of committing a crime related to domestic violence, and an assessment of the risks of negative behavior of such a person during criminal proceedings is given.
The essence and procedure for applying the restrictive measures provided for in Part 6 of Art. 194 of the Criminal Procedure Code of Ukraine have been investigated. Restrictive measures provided for in Part 6 of Art. 194 of the CPC of Ukraine, are not preventive, as they are used as additional responsibilities. Such restrictive measures may be taken during the application of preventive measures in the form of personal obligation, personal guarantee, bail, house arrest, detention. Restrictive measures may be imposed on a suspect or accused only when considering a request for a measure of restraint. It is proved that in the course of resolving the issue of choosing a measure of restraint during the investigation of criminal offenses related to domestic violence, it is appropriate to apply the restrictive measures provided for in Part 6 of Art. 194 of the Criminal Procedure Code of Ukraine.
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References
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