Classification of Violence as a Method of Committing a Criminal Offense

Abstract

The article deals with the analysis of the content of violence as a method of committing a criminal offense. The use of violence is often a constructive feature of the criminal offenses composition, which allows differentiating a criminal liability for the criminal offenses. The legislator in the construction of some compositions of criminal offenses directly uses the term «violence» or uses terms, which demonstrate a violent nature of the act or which indicate the consequences of a criminal act. One legally significant classification of violence as a method of committing a criminal offense are given by author — on the subject of violent influence: 1) physical violence that affects the human organism (body, internal organs); 2) mental violence, which affects the human psyche. The content of the concepts of «domestic violence», «economic violence», «psychological violence», «sexual violence», which were introduced in the legislation on criminal liability, is considered. The term «domestic violence» indicates specific subjects to whom it may be used, but does not show any special features compared to physical or mental violence. Sexual violence occurs in the area of sexual relations, but can also be either physical or mental. Economic violence goes beyond the traditional understanding of «violence». According to author in this context it is more appropriate to use the term «economic discrimination». It is stated that in the legislation instead of the term «psychological violence» it is more appropriate to use the term «mental violence». Scientific positions on the application by the legislator of the concepts «violence that is dangerous to the life or health of the victim» and «violence that is not dangerous to the life or health of the victim» are given. It is emphasized that the division of violence by the nature and degree of public danger (violence that is dangerous to the life or health of the victim; violence that is not dangerous to the life or health of the victim) is seen in context of consequences, not the method of committing a criminal offense.