Problems of qualification of torture and humiliating or inhuman treatment in domestic violence cases according to the practice of the general courts of Georgia

Abstract

Annotation: In the practice of general courts of Georgia, the problem of qualification of crime is not a rare case. This especially reffers to crimes between which to draw a line is difficult. Among such cases are the crimes provided for by articles 1441 (torture)[1] and 1443 (humiliation or inhuman treatment)[2] of the Criminal Code of Georgia. It is important to separate them - from each other and from other crimes. The scientific article presents the criminal law cases of the domestic violence[3] category, in which the above-mentioned problem appeared and which were considered by all three courts of Georgia. [1] The first part of Article 1441 of the Criminal Code of Georgia – “Torture, i.e. exposing a person, or a third person to such conditions or treating him/her in a manner that causes severe physical pain or psychological or moral anguish, and which aims to obtain information, evidence or confession, threaten or coerce, or punish the person for the act he/she or a third person has committed or has allegedly committed“. [2] The first part of Article 1443 of the Criminal Code of Georgia – “Humiliating or coercing a person, placing him/her in an inhuman, degrading and humiliating condition, which inflicts severe physical and psychological suffering on him/her”. [3] Article 111 of the Criminal Code of Georgia – “A domestic crime shall mean a crime under Articles 109, 115, 117, 118, 120, 126, 1331, 1332, 137-141, 143, 144-1443, 149-1511, 160, 171, 187, 253-2551, 3811 and 3812 of this Code, which is committed by one family member against another family member. Criminal liability for a domestic crime shall be determined according to an appropriate article of the Criminal Code of Georgia specified in this article, with reference to that article”. With the first part of the note of the same article – “For the purposes of this Code, the following persons shall be considered family members: a mother, father, grandfather, grandmother, spouse, person in an unregistered marriage, child (stepchild), foster child, foster carer (foster mother, foster father), stepmother, stepfather, grandchild, sister, brother, parent of the spouse, parent of the person in an unregistered marriage, spouse of the child (including the one in an unregistered marriage), former spouse, person who previously was in an unregistered marriage, guardian, custodian, supporter, person under guardianship and custodianship, beneficiary of support, as well as other persons that maintain or maintained a common household”.