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кримінальне право і процес

М.С. проти України (M.S. v. Ukraine)

The applicant and his wife were in a registered marriage and had a child. Over time, their relationship began to deteriorate. The applicant’s wife took the child and left without the applicant's consent. A few months later, the applicant independently found the child in another location where his wife lived with the child and her uncle. Later, the applicant’s mother contacted the police because she believed that the child could have been a victim of debauchery during the period of living with the applicant’s wife and her uncle, based on information from the child.

Про запобігання та протидію домашньому насильству (No. 2229-VIII) (Law on Preventing and Combating Domestic Violence)

This legislation introduces the concept of “domestic violence,” which is defined as act (or omission) of physical, sexual, psychological, or economic violence (intentional deprivation of housing, food, clothing, other property, funds or documents or the ability to use them; leaving without care; hampering the receipt of necessary treatment or rehabilitation services; prohibition of, or compulsion to, work; prohibition of studies; and other offenses of an economic nature) committed within a family or between relatives, or between spouses or ex-spouses, former or current spouses, or other per

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 № 585/3184/20

The husband (the offender) and his wife (the victim) were officially divorced and have not lived together since 2012. The defendant showed up to his ex-wife’s home in an inebriated state four times, using obscenities to insult her and thus intentionally harming her mental health. For three (out of four) of these episodes, the man was fined under Art. 1732 of the Code of Administrative Offenses for domestic violence. Later, the victim reported to the police that her husband committed a crime under 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.

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