ПОСТАНОВА справа № 531/270/19 (Decision 531/270/19)

In this case, the defendant grabbed his wife by the hands and pushed her in the chest, after which he punched her once in the face. The victim suffered “light bodily injuries, which caused a short-term health disorder” in violation of Part 2 of Art. 125 of the Criminal Code. The case was closed based on Article 284(1)(7) of the Criminal Procedure Code (“CPC”), which allows the victim to waive charges in cases unless the crime is related to domestic violence. In his appeal to the Supreme Court, the prosecutor insisted that the case could not be closed despite the victim’s refusal to participate because the case was related to domestic violence. The Supreme Court agreed with the prosecutor, stating that the Law of Ukraine "On Preventing and Combating Domestic Violence," implemented to adhere to the standards of the Istanbul Convention, defines domestic violence more broadly than the Criminal Code by including more forms of abuse (physical, sexual, psychological, or economic) and more kinds of qualifying domestic relationships, such as people who were never married and never lived together. Analyzing the domestic legislation and the Istanbul Convention, the Court concluded that if the act includes an element of the crime of domestic violence per the Law of Ukraine "On Prevention and Combating Domestic Violence," then such actions should be qualified as related to domestic violence. Thus, the crime committed in this case, although not “domestic violence” within the meaning of the Criminal Code Article 126-1, was nonetheless a crime related to domestic violence. Based on these considerations, the Court found that it was unlawful to close the case due to the victim's waiver because, due to the presence of family ties and co-residence, she could have been influenced, intimidated, or threatened by the defendant. The decision is important because it establishes the correct application of Article 284 of the CPC, thereby protecting victims from the forced withdrawal of charges. The Supreme Court came to the same conclusion in Case No. 453/225/19. However, contrary to these two decisions on the same issue, in Case No. 647/1931/19, the Court determined that paragraph 7 part 1 of Article 284 of the CPC refers only to crimes of domestic violence.