Domestic Violence in Moldova - The Advocates for Human Rights

prosecution. 179 Cases requiring the victim’s complaint cannot be continued if the victimwithdraws the complaint. 1803. Problems with ImplementationThere is no legal definition of domestic violence under Armenian law. Thetypical injuries sustained by a victim of domestic abuse (cuts, scratches, black eyes,bruises) are almost always classified as light injury by forensic experts, and subsequentlyby investigators and prosecutors determining how to charge the perpetrator. Littleevidence was found to suggest that investigators, prosecutors or judges disagree with theclassifications made by forensic doctors.The majority of these cases are charged under the Administrative Code or underthe criminal provisions that carry the lightest punishment (specifically Article 109).These lighter charges minimize the significance of domestic assaults.In administrative cases, the most common punishment is an administrative fine orup to 15 days of detention in the police station jail. Often, however, a signed statementsubstitutes for an administrative penalty without the involvement of the judge. Inpractice, judges rarely impose jail sentences on first-time offenders. A judicial clerkdescribed one case in which a man was jailed for five days for beating his wife when sheprotested that he was spending his money on alcohol rather than food. 181 Morecommonly, the penalty is an administrative fine. For example, a man who beat his wifeafter seeing her with a friend he disliked was fined 1,500 dram, or approximatelyUS$3. 182 Repeat cases of domestic violence or cases considered too serious for anadministrative fine may be punished under Article 109 of the Criminal Code. Article 109carries a prison term of up to two years or “corrective labor” penalties for up to one year.These penalties require the convicted person to pay a part of his salary, generally 10-20%, to the government. In a typical example of sentencing under Article 109, a manwho was convicted of beating his mother-in-law and causing light injury was ordered topay 10% of his salary to the state for one year. 183 The mother-in-law requested leniency.In another case, a judge sentenced a man with a record of prior theft convictions to a year179 Criminal Procedure Code, Article 33.180 Criminal Procedure Code, Article 183.181 Interview, May 3, 2000 (judicial clerk, Yerevan).182 The average monthly salary is approximately US$8. In this report, all approximate equivalents inU.S. dollars are based on the official exchange rate in May 2000 of 525 dram per US$1.183 Review of files, February 16, 2000 (Yerevan).Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 33