Impact of the Position of the Victim on the Implementation of Justice (Domestic Violence Cases)
DOI:
https://doi.org/10.60131/jlaw.1.2024.7945Keywords:
Domestic Violence, Victim Testimony, Refusal to Testify, Restraining Order, Investigative Experiment, Standard of Proof.Abstract
Adjudication of justice in cases of domestic violence still remains a major challenge for the criminal justice system despite the abundance of international acts, the harmonization of national legislation with international standards, a number of mechanisms for the protection of victims, the availability of crime prevention and resocialization programs for criminals, awareness-raising campaigns, and a substantial change in the public attitude to the issue, the widespread use of restraining orders, the appeal of victims to law enforcement agencies, and a significant increase in the number of convictions [1]. One of the major challenge is related to either the changed position of the victim during the trial or, depending on the nature of the crime, lack of evidence for the conviction despite the victim's incriminating testimony.
[1] During 2023, 2928 persons were convicted for family crimes, of which 1413 were convicted of domestic violence. Of these, 427 and 228 persons were acquitted, respectively; 988 and 438 persons (respectively) were sentenced to imprisonment. In 2022, 2375 people were sentenced for domestic violence and family crime, and 420 people were acquitted.
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