ON IMPROVING THE CRIMINAL LAW SYSTEM FOR THE PREVENTION OF HOMICIDES COMMITTED ON FAMILY AND DOMESTIC GROUNDS

Abstract

The article discusses problematic issues of criminal law counteraction to homicides on domestic grounds. Despite the fact that there are no trends towards an increase in the number of this type of homicide, according to the author, official statistics do not fully reflect the real situation due to controlled registration. Pointing out the lack of a legislative and doctrinal definition of the concept of "murder committed in the family and household sphere," the author argues that legal scholars, when formulating the definition of the act in question, do not always include in it all the criminalizing features provided for by criminal law. The author draws attention to the insufficient effectiveness of the criminal law system for countering intra-family murders. The necessity of supplementing the legislative list of circumstances aggravating criminal liability and punishment, fixed in Part 1 of art. 54 of the Criminal Code of the Republic of Kazakhstan, by including in it such circumstances as "the commission of a criminal offense against a member of one's family and other persons included by law in the sphere of family and household relations." It is also proposed to elevate murder committed in the family and household sphere to the rank of a qualified crime under Article 99 of the Criminal Code of the Republic of Kazakhstan. Justifying the fact that the criminal legal impact on the determinants of homicide in the family and household sphere is carried out through the provision on necessary defense, as well as the provision criminalizing the threat (art. 115 CC), proposals for their improvement are being put forward. In particular, it argues for the expediency of a clearer and clearer definition of the criteria and circumstances under which the defender's actions will be considered legitimate, as well as the inclusion in Part 2 of Article 115 of the Criminal Code of the Republic of Kazakhstan of a qualifying feature providing responsibility for threats made against family members and individuals in order to prevent the transformation of threats into murders.