SYSTEM OF PUBLIC PROTECTION MEASURES AND SAFETY MEASURES APPLIED TO FEMALE VICTIMS AND WITNESSES IN PRE-TRIAL PROCEEDINGS OF CRIMINAL PROCEEDINGS
Keywords:
state protection of participants in criminal proceedings, safety measures for victims and witnesse, family conflicts, a prot ective order, victim of a criminal offens, protection of life, health, honorv, dignity and property of victims and witnesses, a real threat of violence, a ban on approach, other close people, extramarital cohabitationAbstract
The fight against criminal domestic conflicts, is currently gaining special relevance. An integral part of family conflicts is the woman. Since criminal family conflicts are especially acute, the state protection of women should be strengthened.
The article notes that state protection measures for victims and witnesses have several drawbacks. First, they do not protect against any threat, but only if it is assessed by the body conducting the criminal process as real. Secondly, they do not protect against a number of administrative offenses in the field of family-domestic relations (Articles 73, 73-1, 73-2 and other articles of the Code of Administrative Offenses of the Republic of Kazakhstan), which infringe, first of all, on the personal integrity of women. Thirdly, they do not apply to “other close people” who live together with persons participating in the criminal process, but are not related to them and are not members of their family. Fourth, other forms of influence on a participant in a process that are not expressly prohibited by law, but which encourage refusal to testify, are not grounds for applying security measures to a person under the Code of Criminal Procedure of the Republic of Kazakhstan.
The study led to the use of the provisions of general scientific, private methods, systems approaches, statistical analysis, analysis of law enforcement practice. Based on the study, appropriate recommendations were developed with a view to proper state protection of the participants in the criminal process, their relatives and members of their families, the conditions for its effective application in the Republic of Kazakhstan were studied.