Die Strafbarkeit der häuslichen Gewalt im russischen Recht

Abstract

The article provides an overview of the provisions of Russian law that sanction domestic violence against women. Particular focus is placed on the “decriminalization” of the offence of battery in Russian law in the last 5-6 years. This decriminalization was achieved through the introduction of a two-stage system of sanctioning acts of battery. The offence of battery is particularly common against women in the context of domestic violence. The first act of battery against women is regarded as an administrative offence. Only repeated beatings are then qualified as an offence sanctioned by criminal law. The article presents the positions of opponents and followers of this two-step system. Based on an analysis of Russian court practice and the judgments of the European Court of Human Rights as well as academic legal studies, the author concludes that this two-stage system poses a threat to the life and physical and psychical health of women. The prosecution of mild forms of violence against women as administrative rather than criminal offence favors impunity for domestic violence and, in the author's opinion, creates a pejorative attitude toward women.