New penalties for domestic violence analyzed by the expert

0bce8bc1b81f162fdbc06af6629d991f 600x400 - New penalties for domestic violence analyzed by the expert

Before beating the wife of her husband could be sentenced to a fine of 10 MCI (among other penalties). But this penalty was paid from the General family budget. The political scientist Marat Shibutov believes that

in this case, the wife suffered twice — both physically and financially

The new edition of the fine was replaced by a warning at the same time increasing the period of administrative arrest.

Also Shibutov compared some old and new standards with regards to domestic violence.

It became

Article 73. Illegal actions in the sphere of family-domestic relations.

Was:

1. Swearing, offensive harassment, humiliation, damage to household items and other actions expressing disrespect to the persons with the offender in family and domestic relations, violating their peace committed in an individual residential house, apartment or other dwelling, if these actions do not contain signs of penal act,

Was:

entail a warning or administrative arrest for up to three days

Was:

entail a warning or administrative arrest for up to five days

Article 73-1. Intentional infliction of harm.

Was:

1. Intentional infliction of harm to health, caused short-term frustration of health or insignificant permanent loss of General working ability, shall

a fine in the amount of fifteen monthly calculation indices or administrative arrest for the term up to fifteen days

Added:

1-1. Actions envisaged in part one of this article committed against a person who is a perpetrator of domestic relations,

entail a warning or administrative arrest for up to fifteen days

Article 73-2. The beating:

Was:

1. Beating or committing other violent actions causing physical pain but not resulting in the infliction of bodily harm, carries

a fine in the amount of ten monthly calculation indices or administrative arrest for up to ten days

Added:

1-1. Actions envisaged in part one of this article committed against a person who is a perpetrator of domestic relations,

entail a warning or administrative arrest for up to ten days

A systematic assault is a serious crime

Meanwhile, the Prosecutor’s office explained the new rules, reports “Kazinform“.

— Primarily this applies to systematic beatings. That is, beating two or more times to a person who is a dependent in material or other status, is a grave crime, — said the Agency.

In this case, once the defendant is automatically placed in jail, where he remains to court.

Domestic violence in Kazakhstan, in principle, no in laws no

Strengthened sanctions for illegal actions in the sphere of family-domestic relations.

For “deliberate causing of a little harm to health” (article 73 of the administrative code) the term of arrest increased from 3 to 5 days. Article 73-1 of the administrative code “Infliction of harm”

augmented norm 1-1, with the sanction of a warning or arrest up to 15 days, and if repeated throughout the year — the arrest of up to 20 days without warning

Article 73-2 of the administrative code (assault without causing a little harm to health) was amended to provide additional sanctions

warning, or arrest up to 10 days, if repeated within a year of arrest not less than 15 days without notice

The changes were made to article 110, “Torture” of the criminal code. She was transferred from private to private-public plane.

— Previously the victim had to gather evidence for the trial, to undergo a forensic examination, and so on. Currently in her statement, the investigation will immediately deal with the police. To support the accusation in court will not be a private person and the public Prosecutor, — have explained in Department.

Also, now the part 2 of the article “Torture” (among other things, if the victim is financially or otherwise dependent on the perpetrator) now provides for imprisonment of 4 to 7 years instead of 3 to 7 years.

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