The work of law enforcement agencies in combating domestic violence

Domestic violence, crimes committed in the family and domestic sphere, poses a serious threat to the life and health of citizens and the normal family life. This category of crimes is one of the most latent, hidden from others. Violence in the family, as a rule, becomes known only when serious consequences have occurred, which cannot be hidden from others. At the same time, one of the most important tasks is to stop the aggressor's actions before irreparable harm – mutilation, death of a loved one – occurs.

The prosecutor's offices of the Vitebsk region continuously supervise the enforcement by all prevention entities of the legislation aimed at strict compliance with the requirements of the Law of the Republic of Belarus "On the Fundamentals of Prevention of Offenses" dated 04.01.2014 No. 122-Z.

In addition to submitting acts of prosecutorial response to the competent authorities, based on the identified facts of violations of the specified legislation, prosecutors of the region actively use the powers granted by the criminal procedure legislation to restore the violated rights and freedoms of citizens who have suffered from domestic violence by initiating criminal proceedings. That is, by initiating criminal cases of a preventive nature in the interests of persons who are objectively unable to protect their rights and legitimate interests independently.

For reference, out of all 256 criminal cases initiated in 2020 by the law enforcement agencies of the Vitebsk region for crimes provided for by Articles 153 (intentional infliction of light bodily harm), 154 (torture), 186 (threat of murder, infliction of grievous bodily harm or destruction of property) of the Criminal Code of the Republic of Belarus – 197 of them were committed directly in the family and domestic sphere. Moreover, more than half of these cases were initiated personally by the prosecutors of cities and districts.

It should be noted that prosecutors, at the pre-trial proceedings stage, in accordance with the norms of Article 26 of the Criminal Procedure Code, have the right to initiate such cases.

and without a victim's statement, if the unlawful acts of a "domestic abuser" affect the significant interests of the state and society, are committed against a person dependent on the accused, or for other reasons is unable to independently protect their rights and legitimate interests. Termination of the investigation in such cases due to reconciliation with the victim is not allowed.

Thus, the prosecutor of one of the region's districts initiated a criminal case under Art. 154 of the Criminal Code against a parent who, "overdoing it" in educating their minor child, caused bruises to the child's face, forearm, hand, elbow joint, neck, upper chest, and buttocks with their hands and a belt, as well as abrasions on the back of the thigh.

By the court's verdict, the accused was sentenced to 1 year of imprisonment with a probationary period of 1 year, provided they do not commit a new crime. The court also ordered the accused to perform 60 hours of community service.

The prosecutor of another region initiated a criminal case under Art. 153 of the Criminal Code against citizen Sh., who in the summer of 2020, while intoxicated and at his place of residence, during a sudden quarrel over alcohol consumption, used physical force and threatened his cohabitant with death.

By the court's verdict, the accused was sentenced to 1 year of imprisonment with a probationary period of 1 year and 6 months, provided they do not commit a new crime. The court also ordered the accused to perform 120 hours of community service.

As practice shows, in cases where citizens become victims of tormentors living under the same roof, the situation is aggravated by the awareness of neighbors, friends, and colleagues of the victims about their beatings and the failure to report them to the competent authorities.

If you, your acquaintances, or loved ones have become victims of domestic violence, or if you are aware of such facts, immediately report it to the police by calling "102".

Head of the Department for Supervision of Inquiry
and Operational-Investigative Activities
of the Regional Prosecutor's Office
Vasily Parusov