The Criminal Liability of Mothers for Omission in the Context of Domestic Violence: Obstacles to the “Capacity to Act” to Prevent the Result

The current legislation refers to acts of violence of a physical, psychological, sexual or psychological nature against a woman in the family as "domestic violence". A review of scientific views on the definitions of "violence", "family violence", "domestic violence" demonstrates their ambiguity and problems, and thus actualizes their research. The article is analyzed theoretical developments of famous domestic and international scientists, legal provisions on family violence were analyzed and modern approaches to the interpretation of this concept are identified. It was established that the same actions of the offender were defined in the Law of Ukraine "On Prevention of Family Violence" as "family violence", and in the Law of Ukraine "On Prevention and Counteraction to Domestic Violence" as "domestic violence". It is determined that the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine operate with different definitions of domestic violence. At the same time, the signs of committing domestic violence, which entails criminal liability, are the regularity and extent of the damage caused to the victim. It is concluded that the existing separation of administrative and criminal liability for domestic violence in the current legislation is justified and capable of ensuring the protection of human and civil rights and freedoms. It was concluded that there is no need to replace the term "family violence" with the term "domestic violence", because the fundamental signs of domestic violence are the perpetrator and the victim, not the place where the wrongdoing is committed. It is argued that the term "domestic violence" currently used in the law should be replaced by "domestic violence", as the latter is broader and covers all the features that characterize violence against women.

The peculiarities of criminal liability for domestic violence are considered. It was noted that in many countries, for a long time, violence in the family was not considered a crime, but was considered a form of appropriate behavior. In the 90s of the last century, views regarding the phenomenon of violence against women, which was recognized as a socio-gender problem, changed radically, during which a new vision of it was opened in terms of gender law. Therefore, the issue of gender balance and combating discrimination based on sex has gained wide popularity in all developed countries of the world. As a result, on December 20, 1993, the UN General Assembly adopted the "Declaration on the Eradication of Violence against Women", then on August 1, 2014, the Council of Europe Convention "On preventing and combating violence against women and domestic violence", known as Istanbul Convention. The main purpose of which was to declare the protection and support of women who suffered from all types of violence and the eradication of the latter in general. It has been analyzed that this problem is typical for Ukrainian society as well. Today, overcoming violence in the family is one of the priority tasks of the legal state, which is also recognized as Ukraine. Ukraine signed the Istanbul Convention on November 7, 2011, but only on June 20, 2022, the Verkhovna Rada supported the ratification of this convention. At the end of 2017, Article was introduced into the Criminal Code of Ukraine. 126-1 of the Criminal Code of Ukraine "Domestic violence", which entered into force on January 1, 2019. In this article, domestic violence is defined as the intentional systematic perpetration of physical, psychological or economic violence against a spouse or ex-spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders , loss of work capacity, emotional dependence or deterioration of the victim's quality of life. It is noted that the legislation of Ukraine in the field of combating domestic violence enshrines four forms of violence: physical, sexual, psychological and economic. According to the current legislation, persons who have committed domestic violence are criminally, administratively, or civilly liable. Criminal liability is provided for in Art. 126-1 of the Criminal Code of Ukraine "domestic violence", however, after analyzing the norms of criminal legislation, we came to the conclusion that the Criminal Code of Ukraine also provides for criminal liability for criminal offenses related to domestic violence in other articles. An important step towards the prevention of domestic violence was the addition of Chapter XIII-1 "Restrictive measures" to the Criminal Code of Ukraine, which provides for the possibility of applying certain measures in the interests of the victim of a criminal offense related to domestic violence. It was concluded that the introduction of amendments to the Criminal Code of Ukraine with the introduction of criminal liability for domestic violence was a significant step towards overcoming the problem of domestic violence in the country, and the ratification of the Istanbul Convention contributes to strengthening the legal protection of victims of violence and will ensure their access to justice.

The article is devoted to the study of the concept of “domestic violence” in the science of criminal law and the legislation of Ukraine. It has been established that the number of appeals and reports of domestic violence in Ukraine is growing every year. The article explores various scientific approaches to the concept of “domestic violence” and related concepts. The following definition of the term “domestic violence” has been proposed: actions or threat of use of actions of a physical, psychological, economic or sexual nature, committed in relation to one of the spouses, relatives by blood, relatives on the spouse’s side or other relatives or persons who are connected by a common household, and (or) live together if such actions lead to physical or psychological suffering, health disorders, violate the human right to freedom and personal integrity, honor and dignity, or other legally protected rights or interests of the individual. Attention is focused on the fact that the problem of domestic violence is global in nature and concerns all countries of the world. The paper analyzes international legal acts in the field of domestic violence prevention and national legislation in this area, draws attention to conflicts and contradictions in the legislation that negatively affect the fight against domestic violence and bringing the perpetrators to justice. Based on the analysis of national legislation, it is proposed to distinguish 4 groups of victims of domestic violence: 1) spouses who are married, in de facto marital relations (without official marriage registration) or former spouses, 2) relatives by blood, 3) relatives through the spouse 4) others relatives or other persons connected by a common life, and (or) living together. It is noted that administrative and criminal liability is provided for committing domestic violence in Ukraine, and the sign of systematic domestic violence is crucial for the possibility of criminal prosecution for domestic violence. It is proposed to strengthen the responsibility for domestic violence by increasing the term of imprisonment for domestic violence up to 5 years, since now the maximum sentence for domestic violence is up to 2 years in prison, and often such punishment is not commensurate with the actions of the perpetrator and the suffering of victims of domestic violence.

In connection with the ratification of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena (Istanbul Convention), the issue of the practice of prosecution under Art. 126-1 of the Criminal Code of Ukraine. The article notes that the problem of combating domestic violence constantly attracts the attention of not only forensic scientists, but also judges, lawyers, and human rights defenders.
 Statistical data on the number of cases of domestic violence were considered. It is emphasized that when interpreting the concept of "criminal offenses related to domestic violence", referring to them only Art. 126-1 of the Criminal Code of Ukraine is not entirely correct and correct, since the concept of "domestic violence" enshrined in the Council of Europe Convention on the prevention of violence against women and domestic violence and the fight against these phenomena and the Law of Ukraine of December 7, 2017 No. 2229-VIII "On prevention and combating domestic violence" is broader than the law of Ukraine on criminal liability.
 The existing approaches to the interpretation of such a mandatory feature of the composition of a criminal offense as "systematic perpetration of physical, psychological or economic violence" were studied and the lack of unity in judicial practice regarding its interpretation was noted. Attention is focused on the decision of the Supreme Court dated February 25, 2021 in case No. 583/3295/19, where its interpretation is given and problematic issues of the use of this decision by the courts are considered. A conclusion was drawn on the need to generalize judicial practice (as of November 6, 2022 – the total number of verdicts in the first instance is 2,137) and to take into account the decisions of the European Court of Human Rights in this category of cases when sentencing.

The article is considered economic violence as a type of domestic violence, for which administrative and criminal liability is provided. The criterion of delimitation of economic violence as a way of committing domestic violence of Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine is defined. It is stated that administrative and criminal liability arises in the case of domestic violence in three ways: physical, psychological or economic. This are caused difficulties in practice in delimiting Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine, as the objective side of their composition is defined inexhaustibly.
 Expediency of exclusion from Art. 126-1 of the Criminal Code of Ukraine, the notion of “systemicity” is justified, as the current wording contradicts the purpose of criminalizing acts of domestic violence and creates obstacles to the application of this special criminal law. Emphasis is placed on the need for legislative interpretation of the concept of Art. 173-2 of the Code of Administrative Offenses "harm of physical or mental health" and of Art. 126 of the Criminal Code of Ukraine "violence that leads to physical or psychological suffering."
 It was found that in the legal definitions of economic violence and acts of economic nature, the construction "and other economic offenses" and the conjunction "etc." indicates that acts of economic nature as a way of committing domestic violence can not be provided by law exhaustively, because the economy is in constant development and, accordingly, violence in the context of the offense we are investigating may take new forms.
 It is determined that its main feature of economic domestic violence is the manipulation of the subject of the crime or offense by material goods, which leads to negative psychological and/or physical consequences for the victim.
 According to the results of the research, the criterion of differentiation of domestic violence provided by Art. 126-1 of the Criminal Code of Ukraine from the act specified in Art. 173-2 of the Criminal Code of Ukraine, which should be the consequences caused by the illegal act. That is, it is necessary to determine the level of public danger of damage that occurred after the commission of an act of an economic nature, which covers the legislative category of "domestic violence".
 Suggestions for further improvement of legislation in the field of administrative and criminal law on the provisions that establish legal liability for domestic violence in Ukraine.

In the context of the military conflict between Ukraine and the Russian Federation, there has been an increase in cases of domestic violence, driven by a range of social and psychological factors. The war significantly impacts societal stability, raising stress levels, emotional, and psychological tension among the population, which, in turn, contributes to the escalation of violence within families. Given these circumstances, the issue of combating domestic violence has become particularly urgent. Under current Ukrainian legislation, domestic violence is subject to both administrative and criminal liability; however, there is a need for updates and improvements to the legislative framework, as well as the development of new mechanisms for prevention and legal intervention to more effectively address this issue. The research results indicate that the dynamics of domestic violence in the context of war demonstrate its spread and changes in the forms and targets of violence, which affect women, men, children, as well as familial and close relationships. These changes require attention from both the state and society, as domestic violence poses a serious threat to the social health of the nation. The conclusions of the study confirm that domestic violence is an act of unlawful behavior, with a tendency to increase in Ukraine, and its nature is determined by both individual factors (psychological, physical, economic) and general sociolect-economic conditions. The practical significance of the study lies in the fact that the war has introduced new factors that contribute to domestic violence. This calls for the improvement of existing counteraction mechanisms, the strengthening of preventive measures, and the development of effective strategies for protecting victims. The results of the study confirm the need to activate cooperation between state authorities, human rights organizations, and civil society groups in the fight against domestic violence, as well as to ensure adequate legal protection for victims during this difficult period.

The article is devoted to the analysis of the aspects of providing legal assistance to women victims of domestic violence in Ukraine. Due to our analysis, we have demonstrated that in Ukraine, legislative documents have been developed at the legislative level to prevent domestic violence and the observance of women’s rights, and forms of domestic violence have been identified (psychological, physical, sexual). The main standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. In practical work, law enforcement agencies interact with social services, medical institutions, forensic medical examinations and many others to provide timely, fullfledged assistance to women in cases of detected domestic violence, and in each case develop a system of measures to prevent, promote and prevent domestic violence. A positive aspect in the modern legislation of Ukraine was the establishment of restrictive measures for persons who committed domestic violence in the form of a ban on staying in a place of cohabitation with a person who suffered from domestic violence; prohibitions of approaching a place or person who has suffered from domestic violence, etc. Attention is drawn to the fact that for the first two violations, the person who committed domestic violence can be held administratively liable, and for the third time, criminal liability. Recommendations are given on conducting a forensic examination in cases of domestic violence against women, in which, in addition to the mandatory points reflected in the Rules for the Examination of Victims, Accused and Other Persons, aspects of an ethical approach are noted to reduce the psychological trauma of women during examination. It was emphasized that the issue of beatings, torment and torture falls within the competence of the bodies of pre-trial investigation/court and is not the competence of forensic medical examination.

The grounds and conditions for the application of restrictive measures applied to persons, who have committed domestic violence, are provided in Art. 911 of the Criminal Code of Ukraine. It is established that in the science of criminal law there is a unanimous position that the basis for the application of restrictive measures under Art. 911 of the Criminal Code is the commission by a person of a crime related to domestic violence, and the conditions are: 1) sentencing a person not related to imprisonment; 2) release of a person from criminal liability on the grounds provided by the Criminal Code; 3) release of a person from punishment on the grounds provided by the Criminal Code. These conditions are alternative. The content of the concept of «crime related to domestic violence» is analyzed and it is established that it should be understood more broadly than the act provided for in Art. 1261 of the Criminal Code «Domestic Violence». It is proposed to add to Art. 911 of the Criminal Code a note explaining the meaning of the term «criminal offense related to domestic violence», where it is necessary to note that this concept is broader than the crime under Art. 1261 of the Criminal Code. The content of each of the conditions of application of restrictive measures is analyzed. It has been established that in the application of restrictive measures during the imposition of non-custodial sentences in practice there are problems with the interpretation of the relevant concept. It is proposed to clarify the meaning of the concept of «punishment not related to imprisonment» in Art. 911 of the Criminal Code. It is also established that the application of restrictive measures in releasing a person from criminal liability is a declarative norm and is subject to exclusion from the conditions of application of restrictive measures due to the incompatibility of the latter with the nature of exemption from criminal liability. The legislation clearly regulates the procedure for applying restrictive measures to persons released from serving a probation sentence. A number of problems that arise during the control over the behaviour of persons to whom restrictive measures have been applied by the probation authorities have also been identified. The solution to these problems is possible by harmonizing the provisions of the Criminal Code and the Law of Ukraine «On Probation», as well as other regulations governing the activities of probation bodies. It is proposed to refer the application of restrictive measures to supervisory probation, which will lead to a number of changes to the articles of the Law of Ukraine «On Probation» in terms of regulation of supervisory probation, to refer to probation subjects persons subject to restrictive measures, and to exclude the fact that it is assigned to a person released from serving a probation sentence, and in the regulations governing the development and implementation of probation programs to provide for their application to persons to whom restrictive measures have been applied. It is concluded that the probation body should be endowed with a coordinating function to implement all restrictive measures and it is necessary at the level of bylaws to establish a clear procedure for interaction of the probation body with the National Police, local state administrations and local governments to control the behaviour of individuals, which the appropriate restrictive measure is applied.

The article considers separate issues of the transformation of administrative responsibility for domestic violence. It is emphasized that the war in Ukraine intensified the problem of domestic violence, however, the aggravation of the problem of domestic violence and violence in partner relationships was felt by foreign countries and Ukraine during the coronavirus pandemic. It is emphasized that in the vast majority of cases the victims of violence are women and children. The scientific novelty of the proposed article consists in establishing, through the prism of administrative and criminal liability, the nuances of the transformation of administrative liability depending on the signs of an illegal act into criminal liability or, in the case of insignificance, exemption from liability. Emphasis is placed on evidence and proof. It is noted that the objectivity and completeness of the investigation of the circumstances of the case should be manifested in a detailed examination of each offense, providing an assessment of the evidence for each specific episode of the illegal act. Attention is drawn to the fact that the practice of the European Court of Human Rights indicates the need to evaluate evidence based on the criterion of proof "beyond a reasonable doubt". Such a proof must derive from a set of signs or irrefutable presumptions that are sufficiently weighty, clear and mutually agreed upon. It is concluded that the transformation of administrative responsibility for domestic violence can be carried out in two directions: by releasing the offender from administrative responsibility if the offense committed is insignificant, the guilty party sincerely repents, there are no negative consequences of the committed act and aggravating circumstances; by transforming administrative liability for domestic violence into criminal liability in the case of a systematic, socially dangerous act and with the corresponding necessary evaluation of evidence guided by the criterion of proof “beyond a reasonable doubt”. An essential aspect of the transformation is precisely the subjective assessment of the law enforcer when considering a specific case. The practice of the European Court of Human Rights and international conventions are the proper quality of its consideration.

The article explores the problem of the emergence of the state of necessary defense in the victim of domestic violence. It is proved that cumulative domestic violence as a whole, and not its individual episodes, should be evaluated in order to objectively establish whether the victim of domestic violence was in a state of necessary defense. The last episode of domestic violence, which completes the line of behavior of the offender, due to his discriminatory attitude towards the victim in order to maintain a dominant position in relation to the victim, is only one of the similar manifestations of the atmosphere of domestic violence that has developed over a long time. Repeated violence and threats from the abuser create a feeling of constant threat of violence in the victim. It is stated that in criminal proceedings where domestic violence was used for the circumstances of the case, which was of a criminal nature, and which necessitated the victim to defend himself, as a result of which damage to the life and health of the offender is caused, all objective circumstances should be checked in detail, somehow, the time of committing a socially dangerous encroachment in the form of domestic violence, circumstances that preceded or occurred at the time of the assault or immediately before it. Domestic violence as a socially dangerous encroachment as part of the necessary defense is characterized by the emergence of a cumulative emotional state in the victim, which is the result of a long accumulation of cases of domestic violence, each of which in a certain way affects the consciousness and will of such a victim, which leads to a long accumulation of emotional tension, as a result of which the pressure of emotions gradually increases to the critical limit of the experience. In this case, an emotional explosion can occur even in certain cases for a minor reason, which dynamizes the accumulated mental tension. It is proposed to amend part 5 of Article 36 of the Criminal Code of Ukraine, indicating that unlimited necessary defense is also allowed to protect against domestic violence by the offender. Key words: necessary defense, domestic violence, socially dangerous encroachment, criminal offense, criminal liability, circumstance excluding criminal wrongfulness of an act, systematic nature, continued criminal offense, cumulative emotional state of the victim, qualification.

A comprehensive analysis of the organisational and legal framework for preventing and combating domestic violence in the Republic of Poland, the Czech Republic, as well as in the Republics of Latvia and Lithuania is carried out. The legislative and administrative legal regulation of the activities of the authorised entities of these EU member states in the field of combating domestic violence is analysed. The main powers of police bodies and units of Latvia, Lithuania, the Czech Republic and Poland in the general system of prevention and counteraction to domestic violence are identified: conducting awareness-raising activities, suppression of unlawful acts, assessment of the risks of domestic violence, issuance of restraining orders, and referral of victims to special assistance institutions. The key role of EU police authorities and units in the formation and implementation of the state policy in the field of preventing and combating domestic violence is emphasised. It is proved that the legislation on criminal and administrative liability for domestic violence in the studied countries differs from the Ukrainian one, since it sometimes lacks provisions that directly establish liability for domestic violence. It is stressed that the analysed EU countries have established an effective system of social, psychological and legal assistance to victims of domestic violence. In particular, this is reflected in the functioning of extensive networks of specialised crisis centres and counselling centres which help these persons to draw up a personal safety plan, make referrals to specialised professionals, and resolve the issue of providing “emergency housing” for temporary residence, especially for women with minor children. The paper formulates a number of conceptual provisions for improving the legal and organisational framework for preventing and combating domestic violence in Ukraine, taking into account the best law enforcement practices of the analyzed countries, in particular: establishing administrative liability for refusal to undergo a correctional programme for offenders; increasing the period of administrative detention of a person who has committed domestic violence to 24 hours; establishing the obligation of the offender to pay (part of the payment) for undergoing a correctional programme at the level of by-laws.

This article analyzes the criminal-legal regulation of combating domestic violence in Ukraine and international practice. It examines the application of Article 126-1 of the Criminal Code of Ukraine, which establishes criminal liability for systematic domestic violence, and identifies challenges in law enforcement. The study highlights difficulties in proving «systematicity» as a mandatory element of the crime, which complicates the prosecution of offenders in cases of isolated acts of physical or psychological violence. The article also explores the complexity of distinguishing Article 126-1 of the Criminal Code of Ukraine from other criminal law provisions, particularly Article 125 (intentional minor bodily harm) and Article 126 (battery and torture), which leads to legal uncertainty and complicates judicial practice. A comparative legal analysis of foreign approaches to combating domestic violence is conducted. It is established that countries such as France, Spain, and Poland have distinct criminal offenses that encompass various forms of violence, including physical, psychological, sexual, and economic abuse. Meanwhile, in countries such as the United States, Canada, and Austria, domestic violence is prosecuted under general provisions on violent crimes, albeit with consideration of the victim’s special status. Particular attention is given to the implementation of protective orders, the criminalization of stalking, the introduction of rehabilitation programs for offenders, and the systematic collection of data on violent crimes, which is mandatory in many European Union and North American countries. The study assesses the law enforcement practices in Ukraine, particularly the issues of inconsistent classification of domestic violence by courts, which results in significant discrepancies in judicial decisions and allows offenders to evade criminal liability. The necessity of legislative improvements is substantiated, including the revision of the «systematicity» requirement in Article 126-1 of the Criminal Code of Ukraine, the expansion of grounds for the immediate removal of offenders from the family, the precise definition of criteria for qualifying physical violence, and the strengthening of interagency coordination among law enforcement agencies, social services, and judicial institutions. The article proposes the adaptation of effective foreign mechanisms for combating domestic violence to Ukrainian legislation to enhance the protection of victims, improve mechanisms for holding offenders accountable, and refine the prevention system.

The article examines the provisions of the current regulatory legislation. It is noted that currently the issue of sexual sterilization of a person is regulated by Part 5 of Art. 281 of the Civil Code of Ukraine, Art. 49 of the Fundamentals of the Legislation of Ukraine on Health Care and the Unified Clinical Protocol of Primary, Secondary (Specialized), Tertiary (Highly Specialized) Medical Care "Family Planning", approved by the Order of the Ministry of Health of Ukraine No. 59 of 21.01.2014. The criminal legislation was analyzed from the point of view of compliance with the international legal obligations that Ukraine undertook by ratifying the Council of Europe Convention on the prevention of violence against women and domestic violence and the fight against these phenomena, in terms of the protection of human reproductive rights, and the quality of the implemented it implementation was analyzed. The author concludes that the current edition of Part 4 of Art. 134 of the Criminal Code of Ukraine cannot be recognized as a successful manifestation of the implementation of Ukraine's international legal obligations. It was determined that signs of illegal sterilization should be recognized as such surgical intervention, which is the absence of informed consent of the patient (s), the absence of voluntary consent of the patient (s), the use of illegal methods, surgical intervention in the presence of contraindications or the improper place or improper subject. It was established that the Criminal Code of Ukraine, even before the adoption of the Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine for Implementation of the Provisions Convention on Preventing and Combating Violence against Women and Domestic Violence" (December 6, 2017 No. 2227-VIII) established criminal liability for illegal sterilization, and the introduction of the amendments created several problematic questions for the qualification of the actions of guilty persons who act in complicity, because it did not properly take into account either the provisions of the Istanbul Convention itself, or the norms of Ukrainian regulatory and criminal legislation. Key words: reproductive rights, Istanbul Convention, human sterilization, illegal sterilization, forced sterilization, criminal liability.

The purpose of the article is to investigate the effectiveness of Ukrainian legislation in the fieldof combating domestic violence, as well as the implementation of the right to a fair trial in casesinvolving domestic violence. The following methods were used in the study: analysis and synthesis,system-functional method, comparative method. Results. The article analyzes the legislation ofUkraine in the field of prevention and counteraction to domestic violence, lists both its advantagesand disadvantages, reveals measures in the field of prevention and counteraction to domesticviolence, responsibility for domestic violence, the main directions of state policy in the field ofprevention and counteraction to domestic violence, types of domestic violence. Legal regulation of judicial protection for victims of domestic violence has been studied. Judicial practice in casesrelated to domestic violence was considered. Problems of exercising the right to a fair trial inUkraine in cases related to domestic violence were revealed. Conclusions. Undoubtedly, theadoption of the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, theintroduction of criminal liability for domestic violence and amendments to a number of regulationsto address domestic violence is a positive step in combating such a negative phenomenon asdomestic violence. At the same time, a significant number of issues remain unresolved. This isespecially true for the resolution of cases of domestic violence and the exercise of the right to afair trial in cases of domestic violence, as well as for the enforcement of court decisions on theissuance of restrictive orders. The need to develop a form for assessing the risks of recurrenceof domestic violence has been demonstrated, as has been done for police officers during theessessment of the need to issue an emergency injunction. The need to enshrine at the legislativelevel what is the preventive work of police officers with the offender and how it is carried outwas proved, because without proper regulation of this issue, this type of special measure tocombat domestic violence is declarative and not applied in practice. In addition, the problem ofrefusal of public and private executive services to enforce court decisions on the establishmentof restrictive measures is pointed out, which also requires legislative regulation. The need tostrengthen the position of the victim of domestic violence by giving her/him the opportunity toclaim compensation for non-pecuniary damage in criminal proceedings was noted.

Society still considers cases of violence that occur within the family as a private matter that should not be involved by outsiders, not only domestic violence is the main problem but also with the issue of neglect that occurs within the family, the problem is also very broad, not only regarding livelihoods. it is not appropriate, there is also a problem, namely being a drug addict, so the problem of neglect is the same as domestic violence which often occurs recently, in Law No. 23 of 2004 concerning the Elimination of Domestic Violence (PDKRT) it is prohibited to abandon people within the scope of their household, even though according to the law that applies to him or because of an agreement or agreement he is obliged to provide life, care or maintenance to that person. Based on Article 49 letter a of the PKDRT Law (Elimination of Domestic Violence). And the Criminal Code also explains that the husband's act of entering into a polygamous marriage without court permission is a criminal offense as regulated in Article 279 of the Criminal Code. The research objective used in this journal is empirical juridical research, namely research that aims to combine research using books or laws and is carried out using interview methods which aim to add to the journal's research. The crimes that have occurred so far have started from the smallest environment, namely the family or household, to the larger environment, namely society. Abandoning one's household is a bad and disgraceful act, in the view of the general public, people who abandon their family are considered to have committed a disgraceful act and socially they will receive sanctions in the form of a despicable label on the perpetrator of the neglect. Keywords: Neglect, Criminal Liability, By legal husband