V.E. Krukovskiy, I.N. Mosechkin

Nonphysical Violence in Criminal Law: Definition and Signs

2017. No. 3. P. 89–104 [issue contents]
The article is devoted to researchof criminal law and other branches of law problems related toregulation of certain types of violence. Current definition «mental violence», «psychological violence»and others do not have a single content and are not explained in the current legislation. The urgencyof the issue is also due to the fact that according to statistics the share of violent crimes is traditionallyhigh, even considering their latency.The authors determined the aim of the study as development ofdefinition of certain types of violence oriented on further implementation into the criminal legislation.During the research the dialectical method of cognition was as methodological basis. Were usedsuch methods as comparative legal method, formal legal method, and method of content analysis,which contributed to the realization of scientific interest. The article presents a study of foreignexperience of regulation of this institution in such countries as Great Britain, Canada, Israel andothers. The positions of authoritative figures of science are analyzed, and that allowed to reflect theiradvantages, shortcomings and an absence of any general approach to determining the content ofthe phenomenon under exploration. Two main scholars positions have been singled out, accordingto which the definition “psychic violence” is revealed depending on the object of encroachmentor on the method of encroachment. The study of judicial and investigative practice also revealedproblems of application of norms, related to certain types of violence. In the sentences of courts,the term “mental violence” is used, but in a different semantic meaning. On the basis of analysis theauthors concluded that current definitions do not correspond to the nature and essence of certaintypes of violence. Thereby the authors offer a completely new definition — «Nonphysical violence».The advantage of the definition is that it meets the requirements of legal technique as well as thecoverage of all criminal law values of this type. Besides, conclusions of the article include the contentof signs of nonphysical violence (object of infringement, ways of infringement, violent character,intent character and wrongfulness), and formulation of recommendations for the further use of thedefinition
Citation: Krukovskiy V., Mosechkin I. (2017) Nefizicheskoe nasilie v ugolovnom prave: ponyatie i priznaki [Nonphysical Violence in Criminal Law: Definition and Signs]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 89-104 (in Russian)
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