Criminal offences related to domestic violence: Structure of the investigation methodology

Abstract

Violence by family members is not only systematic, but is also characterized by an increase in its intensity, aggression, and the victim's sense of impunity and inability to resist leads to serious criminal and legal consequences. Even when criminal offenses that result in injury or death are detected, it is not always possible to establish their connection to domestic violence. This situation can be avoided by following a defined, scientifically based structure of actions. Therefore, today there is a need to develop algorithms for investigator's actions during the investigation of criminal offenses resulting from domestic violence. That is why in this article the author aims at identifying the interdependent elements of the criminal investigation process. To achieve this goal, the author used the methods of analysis, synthesis and questionnaire, the method of decomposition, and the special legal method. As a result, this work has made it possible to substantiate the expediency of dividing the investigation methodology into nine mandatory structural elements. The completeness of such elements depends on the investigative situation, the specific type of criminal offense committed, the form of criminal plans implementation, the identity of the offender (either a person who commits systematic domestic violence or a person who is a victim of such violence or a witness thereto), the presence or absence of previous experience of the offender's illegal behavior, and the place of the criminal offense (rural area or a large city environment). The author substantiates the need to include such structural elements as "interaction with state and public authorities, institutions and organizations on preventing and combating domestic and gender-based violence" and "preventive activities of an investigator in criminal proceedings related to domestic violence" in the structure of the methodology. It is also determined that the effectiveness of the methodology is determined by the interdependence of investigative (detective) actions, compliance with the stages of the investigation and timely involvement of relevant specialists. Such elements, if properly sequenced and combined, form the methodology for investigating this category of criminal offenses. The practical value of the work lies in the formation of an effective program, planning of the investigator's actions not only to establish the circumstances of the incident, but also to establish the causal relationship between domestic violence and other criminal offenses.