| Abstract [eng] |
The subject of criminal legal assessment of domestic violence is analyzed in this Master's thesis, researching legal acts, court practice, legal doctrine and special literature. First of all, the problem of defining the concept of violence is analyzed in the paper. The work identified that the general concept of violence is not established in legal acts. There is also no common concept of violence in the scientific literature, as different authors distinguish different signs. In continuation, forms of violence are examined. The most easily recognized and proven form is physical violence but other forms of violence, such as psychological, sexual or economic, are difficult to both recognize and prove. Therefore, it is important to educate not only the public, but also law enforcement officers about forms of violence, their recognition and consequences. Next, the problem of the concept of close environment is analyzed. After the analysis of legal acts, it was established that the second part of the Article 141 of the Criminal Code presented the concept of a family member is narrower than the definition of the close environment enshrined in Article 2 of the Protection Against Domestic Violence Act. Therefore, in cases where violence is committed against a former spouse, partner or his relatives, they will not be considered members of the close environment because the Article 141 of the Criminal Code includes only existing relationships. The criteria of the content of family relationships and the application of these criteria to partners (cohabitants), spouses, ex-spouses and cohabitants are also examined. The work found that the constant use of various types of violence complicates the performance of certain duties and may not meet the criteria of the content of relationship, for example, management of the domestic economy, mutual obligations, assistance and the like. It has also been established that the application of relationship content criteria to spouses is redundant because upon entering into marriage they have rights and obligations established by the Civil Code which are similar to the relationship content criteria. Taking into account the Protection Against Domestic Violence Act, Istanbul Convention and the practice of the European Court of Human Rights it can be assumed that the concept of a family member should include former spouses and cohabitants. Finally, the problematic aspects arising in court practice are examined namely the problem of proving domestic violence and the believed triviality of the criminal act. |
