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винесення вироку

Івашків проти України (Ivashkiv v. Ukraine)

On five occasions from 2007 to 2013, the applicant's ex-husband inflicted injuries on the applicant, which the domestic authorities classified as minor bodily injuries. The police and the prosecutor's office repeatedly refused to open criminal proceedings due to the lack of evidence. In 2012, the offender was convicted of committing a crime under Article 125 of the Criminal Code of Ukraine (intentional minor bodily injury) because criminal liability for domestic violence (Article 126-1 of the Criminal Code of Ukraine) was not legislated until 2017 in Ukraine.

Справа № 354/434/20

The ex-husband (the defendant) systematically committed domestic violence against the complainant – his ex-wife: beating her, threatening to kill her and the children and to burn down the building where she was living with the children). For his illegal behavior (systematic domestic violence), he was jailed for four months (this type of punishment involves keeping a person in isolation for 1-6 months).

Справа № 544/73/20

The abuser inflicted multiple blows on the defendant with fists, feet, and a wooden bat, threatening her life and health. After that, the man grabbed an ax and threatened to kill her. To prevent this, the defendant wrenched the ax from the offender and, when the latter fell to the floor, hit him with it at least 36 times, which resulted in his death. During the examination of the case, the lawyer argued that the defendant was acting in self-defense and therefore the killing was a result of exceeding the limits of necessary self-defense (Art.

Справа № 733/33/22

The offender (the man was older than 18 years) repeatedly raped a girl under 14 years of age. The court of first instance sentenced him to nine years in prison (isolation for a certain period of time in a closed-type penal institution). When determining the sentence, the court took into account what it considered to be mitigating circumstances, namely: (i) sincere remorse; (ii) partial payment of damages; (iii) admission of guilt; (iv) no prior criminal record.

Справа № 761/16746/18

Pretending to be a cafe employee, the offender invited the complainant to a job interview where he tried to rape her and inflicted minor bodily injuries on her. For reasons beyond the criminal's control, his plan failed (the woman was able to escape and leave the scene of the crime). The court of first instance sentenced the man to six years in prison for attempted rape as a repeat offense, which is an aggravating circumstance.

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