COMPETENCE OF NATIONAL POLICE IN FAMILY PROTECTION FROM DOMESTIC VIOLENCE

2019 ◽  
pp. 206
Author(s):  
Marika Magaziņa
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Police Officers ◽  
Legal Aspects ◽  
Women And Children ◽  
The Republic ◽  
Victims Of Violence ◽  
Definition Of ◽  
National Police ◽  
Specific Definition

Domestic violence continues to be a global problem that kills and maims – physically, psychologically, sexually and economically. This problem is present in every country. Domestic violence is enshrined in the Civil Procedure Law of the Republic of Latvia, but there is no specific definition of domestic violence. The vast majority of victims of violence are women and children. Following sections of the Criminal Law of the Republic of Latvia are related to violence in general, not to domestic violence. There are no definitions of domestic/family violence in Latvian legislation. The purpose of this article: to identify problems which are connected with definition of the concept „domestic violence”, identifying procedural problems of its application, exploring the legal aspects of the legal action of national police officers in identifying domestic violence and identifying the most important problems.

DEFINITION OF DOMESTIC VIOLENCE: CONTENT AND INTERPRETATION

2017 ◽  
Vol 1 (78) ◽  
pp. 10
Author(s):  
Jeļena Kaļiņina
Keyword(s):  
Domestic Violence ◽  
Married Couples ◽  
Intimate Violence ◽  
Dating Relationships ◽  
Dating Couples ◽  
Women And Children ◽  
The Republic ◽  
Victims Of Violence ◽  
Teen Dating ◽  
Definition Of

Domestic violence continues to be a global problem that kills and maims – physically, psychologically, sexually and economically. This problem is present in every country, cutting across boundaries of culture, class, education, income, ethnicity and age. Domestic Violence occurs in all kinds of intimate relationships, including married couples, people who are dating, couples who live together, parents, same-sex partners, people who were formerly in a relationship and teen dating relationships. It is enshrined in the Civil Procedure Law of the Republic of Latvia, but there is no specific definition of domestic violence. The vast majority of victims of violence are women and children. Domestic violence goes by many names, for example, wife abuse, woman battery, intimate violence, battering, partner abuse. Following sections of the Criminal Law of the Republic of Latvia are related to violence in general, not to domestic violence. There are no definitions of domestic/family violence in Latvian legislation. The purpose of this article: to identify problems which are connected with definition of the concept "domestic violence", determination of his content and interpretation.

Consent after the House of Lords: Taking and leading astray the Law of Theft

Legal Studies ◽  
1993 ◽  
Vol 13 (3) ◽  
pp. 308-322
Author(s):  
Mitchell C. Davies
Keyword(s):  
Criminal Law ◽  
House Of Lords ◽  
The Law ◽  
Definition Of ◽  
Specific Definition

The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals PROTECTION OF THE HONOR AND DIGNITY OF NATIONAL POLICE EMPLOYEES

2021 ◽  
Vol 76 (3) ◽  
pp. 62-68
Author(s):  
Albina Batechko ◽  
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Social Group ◽  
Self Esteem ◽  
Public Order ◽  
Personal Safety ◽  
External Assessment ◽  
Current State ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.

scholarly journals Psychological and legal aspects of improving the effectiveness of professional selection to the National Police of Ukraine

2019 ◽  
Vol 31 (1) ◽  
pp. 18-22
Author(s):  
V. Barko
Keyword(s):  
Police Officers ◽  
Legal Aspects ◽  
Regulatory Framework ◽  
Component System ◽  
National Police ◽  
Optimal Set ◽  
Selection Of

The article is devoted to the problems of searching for psychological and legal opportunities to optimize the professional selection of personnel of the National Police of Ukraine. The foreign and domestic experience of psychological selection of police officers is analyzed, the typical psychodiagnostic tools, which are used in this regard are considered. It is concluded that the existing state regulatory framework for the selection of police officers requires improvement – developing a set of psychodiagnostic methods, determining the psychological requirements of a profession for a policeman’s personality, establishing indicators of psychological suitability to police activities. The expediency of introducing a three-component system of psychological selection of police officers are substantiated, an optimal set of psychodiagnostic methods for determining professional suitability is offered.

Establishing the Rule of Law in Weak and War-torn States: Evidence from a Field Experiment with the Liberian National Police

2019 ◽  
Vol 113 (3) ◽  
pp. 641-657 ◽  
Author(s):  
ROBERT A. BLAIR ◽  
SABRINA M. KARIM ◽  
BENJAMIN S. MORSE
Keyword(s):  
Domestic Violence ◽  
Rural Communities ◽  
Field Experiment ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Police Officers ◽  
Experimental Evaluation ◽  
The Rule Of Law ◽  
Post Conflict ◽  
National Police

How to restore citizens’ trust and cooperation with the police in the wake of civil war? We report results from an experimental evaluation of the Liberian National Police’s (LNP) “Confidence Patrols” program, which deployed teams of newly retrained, better-equipped police officers on recurring patrols to rural communities across three Liberian counties over a period of 14 months. We find that the program increased knowledge of the police and Liberian law, enhanced security of property rights, and reduced the incidence of some types of crime, notably simple assault and domestic violence. The program did not, however, improve trust in the police, courts, or government more generally. We also observe higher rates of crime reporting in treatment communities, concentrated almost entirely among those who were disadvantaged under prevailing customary mechanisms of dispute resolution. We consider implications of these findings for post-conflict policing in Liberia and weak and war-torn states more generally.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals Grounds and Conditions for the Application of Restrictive Measures Applied to Persons who have Committed Domestic Violence

2021 ◽  
pp. 100-110
Author(s):  
Tetiana NIKIFOROVA
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Restrictive Measure ◽  
The Law ◽  
Restrictive Measures ◽  
National Police

The grounds and conditions for the application of restrictive measures applied to persons, who have committed domestic violence, are provided in Art. 911 of the Criminal Code of Ukraine. It is established that in the science of criminal law there is a unanimous position that the basis for the application of restrictive measures under Art. 911 of the Criminal Code is the commission by a person of a crime related to domestic violence, and the conditions are: 1) sentencing a person not related to imprisonment; 2) release of a person from criminal liability on the grounds provided by the Criminal Code; 3) release of a person from punishment on the grounds provided by the Criminal Code. These conditions are alternative. The content of the concept of «crime related to domestic violence» is analyzed and it is established that it should be understood more broadly than the act provided for in Art. 1261 of the Criminal Code «Domestic Violence». It is proposed to add to Art. 911 of the Criminal Code a note explaining the meaning of the term «criminal offense related to domestic violence», where it is necessary to note that this concept is broader than the crime under Art. 1261 of the Criminal Code. The content of each of the conditions of application of restrictive measures is analyzed. It has been established that in the application of restrictive measures during the imposition of non-custodial sentences in practice there are problems with the interpretation of the relevant concept. It is proposed to clarify the meaning of the concept of «punishment not related to imprisonment» in Art. 911 of the Criminal Code. It is also established that the application of restrictive measures in releasing a person from criminal liability is a declarative norm and is subject to exclusion from the conditions of application of restrictive measures due to the incompatibility of the latter with the nature of exemption from criminal liability. The legislation clearly regulates the procedure for applying restrictive measures to persons released from serving a probation sentence. A number of problems that arise during the control over the behaviour of persons to whom restrictive measures have been applied by the probation authorities have also been identified. The solution to these problems is possible by harmonizing the provisions of the Criminal Code and the Law of Ukraine «On Probation», as well as other regulations governing the activities of probation bodies. It is proposed to refer the application of restrictive measures to supervisory probation, which will lead to a number of changes to the articles of the Law of Ukraine «On Probation» in terms of regulation of supervisory probation, to refer to probation subjects persons subject to restrictive measures, and to exclude the fact that it is assigned to a person released from serving a probation sentence, and in the regulations governing the development and implementation of probation programs to provide for their application to persons to whom restrictive measures have been applied. It is concluded that the probation body should be endowed with a coordinating function to implement all restrictive measures and it is necessary at the level of bylaws to establish a clear procedure for interaction of the probation body with the National Police, local state administrations and local governments to control the behaviour of individuals, which the appropriate restrictive measure is applied.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA DALAM SISTEM PERADILAN PIDANA DI KOTA JAMBI

2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Protection Theory ◽  
The Republic ◽  
The Government ◽  
Victims Of Violence ◽  
Husband And Wife

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System

Sign in / Sign up

Export Citation Format

Share Document