Smurto artimoje aplinkoje kvalifikavimo probleminiai aspektai ; Qualifying Domestic Abuse – Problem Aspects
Domestic violence is negative phenomenon, which occurs in society quite frequently. This is criminal act, which proper qualification raises various legal issues. The latter are related to the lack of violence forms definition, qualification of violence and proper assessment of phenomenon that depends from limitation of legislation. Therefore, purpose of this study is to reveal forms of domestic violence (physical, psychological, sexual and economic) and their qualification in Lithuanian courts practice. Study purpose: to reveal problematic aspects of domestic violence qualification. The study revealed that psychological and economic violence proving is difficult due to the lack of criteria for identifying this act in the absence of solid evidence. The analysis of Lithuanian case law revealed that classification of physical violence as a minor criminal offense does not reach the level of severity for which the perpetrator could be prosecuted is problem. In the courts, it is difficult to determine the insignificance of experienced physical domestic violence. This is due to different case law in assessing the nature of physical violence experienced in the immediate surroundings, subjective and objective criteria and circumstances. The issue of negligible is not defined in the law but is evaluated according to different criteria; there is no uniform case law on this issue. In qualifying psychological violence and mental violence, there are no specific criteria for proving these criminal acts, which makes courts asses such forms of violence differently, therefore it remains unclear what kind of violence was experienced and how it should be assessed in accordance with the provisions of the criminal procedure.