الحماية الجنائية للزوجة من جرائم العنف الاسرى (دراسة مقارنة)

Abstract

This research addresses the topic of criminal protection of wives from domestic violence crimes, a significant legal and social issue that has garnered increasing attention at both the national and international levels. It aims to demonstrate the adequacy of Libyan legislation in providing criminal protection for wives against various forms of domestic violence, drawing upon comparative legislative experiences, particularly in Jordan and the United Arab Emirates.

The researcher reviewed the concept of criminal protection as a set of legal rules and procedures established by the legislator to criminalize acts harmful to the fundamental interests and rights of individuals. She outlined its characteristics and objectives, which include deterrence, the preservation of rights, and the protection of society. The researcher also addressed the concept of violence against wives, clarifying that it encompasses any act or omission that causes physical, psychological, sexual, or economic harm to the wife. The research categorized domestic violence against wives into four main types: physical violence, which includes beating and physical abuse; psychological violence, which includes insults, threats, humiliation, and isolation; sexual violence, which includes coercion or sexual exploitation; and economic violence, which involves depriving the wife of her financial rights or controlling her economic resources.

The research also addressed the scope of substantive criminal protection for wives by examining some crimes that may be committed against them, such as indecent acts, incitement to debauchery, and assault. It analyzed the elements of these crimes and the penalties prescribed for them in Libyan, Egyptian, Emirati, and French legislation, highlighting the similarities and differences between them.

On a procedural level, the research discussed mechanisms for protecting wives through reporting, investigation, initiating criminal proceedings, means of proof, and reconciliation, emphasizing the importance of effective procedures that ensure the victim's access to justice and protect her from repeated abuse. The research concluded that while Libyan legislation provides criminal protection for wives through general provisions in the Penal Code, it does not yet include a specific and comprehensive law to combat domestic violence. This lack of specific legislation limits the effectiveness of the legal protection afforded to wives. The research also emphasized the importance of expediting the enactment of specific legislation to protect women from violence. This legislation should include a clear definition of domestic violence and effective preventive and procedural mechanisms, aligning with modern legislative developments and comparative experiences, and strengthening the protection and dignity of wives within the family and society.