| Abstract [eng] |
Domestic violence is a complex social phenomenon that has a significant impact on individuals, society, and the state, therefore, it is examined at the national, European Union, and international levels. This master’s thesis analyzes the application of the institution of exemption from criminal liability upon victim offender reconciliation in cases of domestic violence. The research is based on an analysis of judicial practice, with particular emphasis on the application of the four conditions set out in Article 38(1) of the Criminal Code. The first part of the thesis examines the concept of domestic violence and its forms, emphasizing that the Criminal Code does not establish a separate criminal offence of domestic violence, therefore, such acts are classified according to their nature and the harm caused. It also analyzes the concept of a close environment, demonstrating that the definition provided in the Law on Protection against Domestic Violence is broader than the interpretation applied under the Criminal Code through the status of a family member, which in certain cases limits the effective protection of victims. Based on the analysis of 50 criminal cases, the second part of the thesis demonstrates that the application of the four conditions laid down in Article 38(1) of the Criminal Code in judicial practice is frequently formalistic and inconsistent. The findings indicate that courts often fail to sufficiently individualize their assessment of case specific circumstances, which undermines effective victim protection and weakens the prevention of repeat domestic violence. The third part of the thesis examines international and European Union legal frameworks and conducts a comparative analysis of the legal regulation in Lithuania, Spain, and Italy. The findings indicate that neither an absolute ban on reconciliation nor its formal permissibility is sufficient, per se, to ensure effective victim protection, thereby highlighting the decisive role of individualized risk assessment and the genuine autonomy of the victim’s will. In light of the conclusions of this thesis, exemption from criminal liability in domestic violence cases may be applied, nevertheless, its conditions must be assessed not on the basis of a formal reconciliation, but through an individualized assessment of the case specific circumstances and the victim’s protection needs. |
