The specifics of applying the norms on necessary defense in cases of domestic violence

Abstract

Domestic violence has been a rather acute problem in modern Russian families. The cases when in an attempt to defend themselves, the victims of domestic violence cause harm to the attacker deserve special attention. The authors consider the issues of applying the norms of necessary defense in cases of domestic violence. The institute of necessary defense often becomes the subject of discussion in the theory and practice of criminal law, especially in terms of exceeding the limits of necessary defense. The authors examine the provisions of the criminal law, as well as the acts of interpretation, and draw the conclusion on the completeness and the sufficiency of the legal regulation of the institute of necessary defense. However, a detailed study of the materials of law enforcement practice clearly indicates that the law enforcer still has difficulties in establishing the existence of a state of necessary defense, as well as exceeding its limits. The authors have analyzed a number of criminal cases related to the use of necessary defense in order to be able to defend against domestic violence. Having identified and analyzed the negative trends of investigative and judicial practice in cases of necessary defense against acts of domestic violence, the authors conclude that the law enforcer often does not follow the clarifications of the acts of interpretation of the Supreme Court of the Russian Federation. Consequently, there is no uniform law enforcement practice in the considering this category of cases. To optimize and eliminate negative trends the authors suggest making certain amendments to the criminal-legal regulation of necessary defense, establishing at the legislative level the circumstances that must be taken into account when deciding whether there is a state of necessary defense.