Shield Against Domestic Violence

The problem of domestic violence has always been a pressing issue. Unlawful acts by household members are often carefully concealed by the "patient" weaker halves, which ultimately leads to the formation of impunity in the "tyrants" and contributes to their commission of grave and especially grave crimes against a person.

While supervising the progress of pre-investigation checks, the prosecutor thoroughly ascertains the causes and conditions that led household members to aggression, and studies the personality of negligent spouses. The existence of reconciliation between spouses after one of them has committed unlawful acts against the other is not a cause for complacency for prosecutors. Upon careful examination of the check materials, as well as other circumstances, facts of previous violence, or its systematic application, or the dependent position of one spouse on the other often emerge. In addition, besides the victim enduring the tyrant, children often suffer as well. Therefore, supervision over the legality of decisions made on each check material is under special control of the prosecutor's office. After all, pursuant to Part 5 of Article 26 of the Criminal Procedure Code of the Republic of Belarus, the prosecutor is granted the right to initiate a criminal case even in the absence of a statement from the person who suffered from the crime, if it affects the significant interests of the state and society, or is committed against a person who is in a subordinate or other dependency on the accused, or for other reasons is unable to independently protect their rights and legitimate interests.

For example, the prosecutor's office of Vitebsk district initiated a criminal case under Article 186 of the Criminal Code of the Republic of Belarus in the absence of a victim's statement.

Thus, regarding the threat of murder by M. to his wife and son in a horticultural partnership located in Vitebsk district, the internal affairs bodies conducted a check and decided to refuse to initiate a criminal case, as the applicants do not wish to bring the husband and father to justice, hoping for his correction. At the same time, during the process of taking explanations from the applicants and studying the check materials, the district prosecutor's office established that M., being in a state of alcoholic intoxication

intoxication, while in a dacha house in the gardening association of Vitebsk district, during an argument, pointed an unregistered hunting rifle "IZh-16E" at his wife and son, accompanying his actions with verbal threats of murder, which the latter perceived as real. In order to avoid unlawful actions on the part of M., the victims ran out of the house, closing the entrance door. At the same time, M., continuing his criminal intent, fired the hunting rifle at the entrance door. By the verdict of the Vitebsk District Court, M. was found guilty of committing a crime under Art. 186 of the Criminal Code of the Republic of Belarus and was sentenced to arrest for a term of 3 months.

The Prosecutor's Office of Braslav District initiated a criminal case under Part 1 of Art. 154 of the Criminal Code against P., who, according to K.'s statement, systematically beat her for 1 year.

It was established that K. refused to write a statement on bringing P. to criminal responsibility because she is afraid of him, is raising a minor son living with her and her cohabitant P., who continues his unlawful behavior, arranges scandals, for which he was brought to administrative responsibility for petty hooliganism.

By the verdict of the Braslav District Court, P. was convicted under Art. 154 of the Criminal Code to 3 months of arrest.

Prosecutor of the Investigation Supervision Department Artem Zaikin.