Сriminal-legal characteristics of violence in the criminal offense provided for by article 153 of the Сriminal Сode of Ukraine

Abstract

Introduction. The article analyzes the category of violence in the criminal offense provided for in Article 153 of the Criminal Code of Ukraine in view of the changes introduced in 2017 and its modern significance for the qualification of such an offense. Including, the place of violence when committing any violent acts of a sexual nature is determined. The purpose of the research is to analyze the use of violence in the commission of a criminal offense provided for in Article 153 of the Criminal Code of Ukraine. Research methods that were used: analysis and synthesis, comparative legal and statistical methods.

Summary of the main results of the study. The statistics of detected criminal offenses provided for by Art. 153 of the Criminal Code of Ukraine from 2017 to 2022, characterized by a moderate decrease in the number of such acts. It was determined that the wording of Art. 153 of the Criminal Code of Ukraine until 2017 was characterized by a morally outdated phrase that was devoid of legal certainty. Despite the numerous comments of the scientific community regarding the new content of the criminal offense - sexual violence, the author identifies the positive aspects of the new version of the article. In particular, the replacement of the outdated construction of «violent satisfaction of sexual passion in an unnatural way» by «any violent acts of a sexual nature» criminalizes a much larger number of acts.

Conclusions. Judicial practice confirms that committing violent acts of a sexual nature, including the use of physical and/or mental violence against the victim. Taking into account the existence of different meanings of sexual violence in accordance with the provisions of the Criminal Code of Ukraine and the Law of Ukraine «On Prevention of Domestic Violence», there is a need to change the title of Art. 153 of the Criminal Code of Ukraine on «violent acts of a sexual nature without penetration into the body of a person».