Proceedings of the 9th International Conference on Research in Social Sciences
Year: 2024
DOI:
[PDF]
Georgian Criminal Law on Domestic Violence Against Women
Prof. Dr. Adam Makharadze, Irakli Abashidze
ABSTRACT:
Domestic violence against women represents one of the most serious and widespread social problems, posing a significant threat to both affected women and society as a whole. The legal regulatory framework addressing violence against women can be divided into two parts in terms of scope: global or international legal norms, and local or domestic legal norms. Analysis of these norms demonstrates that Georgia has implemented timely legislative reforms that largely meet international legal challenges. Georgian legislation provides effective approaches for strengthening family relationships, implementing criminal liability for domestic violence, and ensuring proper protection of victims. The role of the criminal justice system, both substantive and procedural, is particularly important in combating violence against women. Georgian criminal law defines a family member and qualifies violent acts committed on domestic grounds (murder, bodily harm, etc.) as aggravating circumstances. Alongside general crimes of violence, it establishes an independent composition of domestic violence, emphasizing the family’s role and the specific characteristics that distinguish domestic violence by its distinctive features. In addition to measures provided by substantive legal norms in Georgian legislation, criminal procedural mechanisms are actively used, including initiating investigations and prosecutions against abusers. These may result in coercive procedural measures, specifically preventive measures, and, in special cases, imprisonment. This article, based on an analysis of Georgian legislation and judicial practice, presents various problems of domestic violence against women. It demonstrates effective legal regulations addressing this issue and the fight against these criminal acts.
Keywords: Criminal Liability, Criminal Prosecution, Procedural Mechanisms, Substantive Legal Norms, Types of Violence