Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence
The article is devoted to the problems that arise in the activities of lawyers in providing legal assistance to victims of domestic violence who were charged with causing harm to the life and health of their offenders. Self-defense (necessary defense) is considered as the main defense strategy in su...
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| Format: | Article |
| Language: | English |
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North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
2022-10-01
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| Series: | Теоретическая и прикладная юриспруденция |
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| Online Access: | https://www.taljournal.ru/jour/article/view/203 |
| _version_ | 1797201562154565632 |
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| author | Z. M. Beryoza |
| author_facet | Z. M. Beryoza |
| author_sort | Z. M. Beryoza |
| collection | DOAJ |
| description | The article is devoted to the problems that arise in the activities of lawyers in providing legal assistance to victims of domestic violence who were charged with causing harm to the life and health of their offenders. Self-defense (necessary defense) is considered as the main defense strategy in such criminal cases. The author compares legislative approaches and features of law enforcement practice that arise when using this strategy on domestic and foreign experience (using the example of the United States), dwelling separately on cases where self-defense took place outside an open conflict (in non-confrontational circumstances). Based on the analysis of approaches to this problem in foreign jurisdictions, the author proposes in Russian practice to use evidence confirming the history of domestic violence and the psychological trauma they cause in the victim in such categories of cases in order to confirm the compliance of the behavior of the victim of violence with the criteria for necessary defense. |
| first_indexed | 2024-03-08T08:46:42Z |
| format | Article |
| id | doaj.art-e657207672ae4d7ca93dfdcbe0640179 |
| institution | Directory Open Access Journal |
| issn | 2686-7834 |
| language | English |
| last_indexed | 2024-04-24T07:49:31Z |
| publishDate | 2022-10-01 |
| publisher | North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) |
| record_format | Article |
| series | Теоретическая и прикладная юриспруденция |
| spelling | doaj.art-e657207672ae4d7ca93dfdcbe06401792024-04-18T13:39:46ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция2686-78342022-10-0103475210.22394/2686-7834-2022-3-47-52134Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic ViolenceZ. M. Beryoza0National Research University Higher School of EconomicsThe article is devoted to the problems that arise in the activities of lawyers in providing legal assistance to victims of domestic violence who were charged with causing harm to the life and health of their offenders. Self-defense (necessary defense) is considered as the main defense strategy in such criminal cases. The author compares legislative approaches and features of law enforcement practice that arise when using this strategy on domestic and foreign experience (using the example of the United States), dwelling separately on cases where self-defense took place outside an open conflict (in non-confrontational circumstances). Based on the analysis of approaches to this problem in foreign jurisdictions, the author proposes in Russian practice to use evidence confirming the history of domestic violence and the psychological trauma they cause in the victim in such categories of cases in order to confirm the compliance of the behavior of the victim of violence with the criteria for necessary defense.https://www.taljournal.ru/jour/article/view/203domestic violencedomestic violencenecessary defenseself-defensehuman rights activities |
| spellingShingle | Z. M. Beryoza Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence Теоретическая и прикладная юриспруденция domestic violence domestic violence necessary defense self-defense human rights activities |
| title | Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence |
| title_full | Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence |
| title_fullStr | Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence |
| title_full_unstemmed | Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence |
| title_short | Problems of the Activity of Lawyers in Protection in Criminal Cases in Respect of Victims of Domestic Violence |
| title_sort | problems of the activity of lawyers in protection in criminal cases in respect of victims of domestic violence |
| topic | domestic violence domestic violence necessary defense self-defense human rights activities |
| url | https://www.taljournal.ru/jour/article/view/203 |
| work_keys_str_mv | AT zmberyoza problemsoftheactivityoflawyersinprotectionincriminalcasesinrespectofvictimsofdomesticviolence |