Fiziskas un psihiskas ciešanas kā kriminālatbildības par vardarbību ģimenē determinējošs apstāklis

According to the Istanbul Convention (ratified by Latvia in 2023), domestic violence includes physical, psychological, sexual and economic violence between family members or persons living in the same household. Section 174¹ of the Criminal Law, which came into force on 4 July 2024, emphasises physical and mental suffering as determining (defining) elements of criminal liability. Section 174¹ of the Criminal Law criminalises cruel or violent behaviour towards a relative that causes suffering, applying it to a wide range of relationships (kinship, marriage, intimate relationship, joint household). Physical suffering includes pain or discomfort from physical exposure, while mental suffering refers to emotional distress, fear or trauma. Evidence is based on testimony, witnesses and, in the case of mental suffering – experts, whereas in practice, interpretational issues have been identified. Section 174¹ of the Criminal Law must be distinguished from other criminal offences under the Criminal Law for minor, moderate, serious or most serious bodily injury within the family, as well as from administrative liability for insignificant bodily harm within the family. Therefore, its application requires clarification to avoid overlap with other provisions of the Criminal Law and to ensure uniform interpretation of legal norms, particularly with regard to violence as one-off accident or long-standing violence.