What changes in the sphere of countering domestic violence need to be introduced into legislation
During the period from 2015 to 2019, the number of criminal offenses registered in the Republic of Kazakhstan committed in the family and household sphere increased from 14 to 41 (by 192%), crimes of little gravity - from 151 to 414 (by 174%), crimes of average gravity – from 20 to 44 (by 120%, that is, 2.2 times), grievous crimes - from 204 to 406 (by 99%), especially grave crimes – from 83 to 150 (by 80%).
At the same time, an increase in the number of offenses in the family and household sphere is observed for all types of criminal offenses. The analysis of statistical data for 3 years shows an increase in registered administrative offenses in this area starting from 2017, when Article 108 that provided for liability for intentional infliction of light harm to health, and Article 109 that provided for liability for beatings, were excluded from the Criminal Code of the Republic of Kazakhstan.
In fact, the procedure for applying to the internal affairs bodies for protection has been simplified for victims of domestic violence in the form of beatings (and/or those who have received light harm to health). However, this simplification did not affect the quality of consideration of cases. Appeals for help or critical statements regarding the actions or inaction of law enforcement agencies continue to be published on social network. Thus, as noted by the Commissioner for Human Rights in the Republic of Kazakhstan Elvira Azimova, the opinion that the decriminalization of the above-mentioned acts made it possible to improve the situation is erroneous. The ongoing domestic violence shows that women cannot break the connection with the «domestic aggressor» due to various social and economic reasons, inability to change the situation within the family. Sometimes children become witnesses of domestic violence, which adversely affects the psyche, normal spiritual and emotional development of a child under 18. Adult offenders, by their example of violent behavior, have a negative educational impact on the child.
Based on the abovementioned, it is recommended to recognize the commission of a criminal offense in the presence of children as a circumstance aggravating responsibility and punishment. To this end, it is proposed to supplement para 1 of Article 54 of the Criminal Code with subparagraph 17 of the following content: «commission of a criminal offense in the presence of a child under 18».