ذاتية الإثبات في جرائم العنف الأسري

Abstract

Domestic violence is every act or omission from an act or threat with any of them, committed within the family, resulting in material or moral harm. That evidence has an important role in these crimes, and it is an effective tool in achieving justice. Equally, the accused is considered innocent if there is no evidence against him, and he will be released if the evidence weakens. And the subjectivity of proving domestic violence crimes is reflected in the nature of the occurrence of the crime. It often occurs inside the home and weakens or sometimes fails to find sufficient evidence for judgment, and that the proof for evidence of domestic violence crimes is not different from the evidence in proving other crimes. Self-evident stands out in the obstacles and difficulties related to filing a complaint or news and obtaining evidence due to the specificity of this type of crime, as well as legal barriers related to testimony, as one of the spouses is not a witness to the other, and the origin is not a witness to his branch or the branch is a witness to his origin, Unless he was accused of a crime against them, and thus the subjectivity becomes clear in proving this type of crime.