The Problematic Aspects of the Interrelation between Physical and Mental Violence in the Doctrine and Practice of Criminal Law
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Abstract
The present work analyses various aspects of interrelation between the physical and mental violence, which are of both theoretical and practical importance.
The author emphasises that the problems of interrelation between physical and mental violence exist because the physical level is inseparable from the mental level. Physical violence always affects the state of mind of the human being and mental violence can affect the physiological functions of the body. The author concludes that delimitation between these separate types of violence must take into account not only the objective characteristics of the mechanism of influence, the dangerous consequences or the object of influence, but also the person‘s intention.
Although every physical violence affects the state of mind of a human being, not every physical violence constitutes mental violence. If fear is only an instantaneous reaction to physical violence, then it can not be ranked as mental violence. But if physical violence is used as a means to show to the victim what he/she can expect in the future, then physical violence is a form of intimidation and can be treated as mental violence.
The author analyses the problems of legal qualification of administering narcotic or psychotropic substances to another by deceit. She criticizes the prevailing position that such offences should be viewed as mental violence. She considers that due to the mechanism of influence and the dangerous consequences such offences should be evaluated as physical violence. She further argues that administering of narcotic or intoxicating substances on the victim by deceit should always be evaluated as a coercive offence, because deception limits the possibility of a victim to behave in a manner he chooses.
One aspect of the violence doctrine is the legal evaluation of hypnosis. Having analysed the main characteristics of a mechanism of influence and its dangerous consequences the author suggests that hypnosis is to be ranked as physical violence because it causes the feeling of helplessness. Mental influence is only a method to make the victim helpless, therefore it is not the main factor which allows treating hypnosis as a form of mental violence.
The author emphasises that the problems of interrelation between physical and mental violence exist because the physical level is inseparable from the mental level. Physical violence always affects the state of mind of the human being and mental violence can affect the physiological functions of the body. The author concludes that delimitation between these separate types of violence must take into account not only the objective characteristics of the mechanism of influence, the dangerous consequences or the object of influence, but also the person‘s intention.
Although every physical violence affects the state of mind of a human being, not every physical violence constitutes mental violence. If fear is only an instantaneous reaction to physical violence, then it can not be ranked as mental violence. But if physical violence is used as a means to show to the victim what he/she can expect in the future, then physical violence is a form of intimidation and can be treated as mental violence.
The author analyses the problems of legal qualification of administering narcotic or psychotropic substances to another by deceit. She criticizes the prevailing position that such offences should be viewed as mental violence. She considers that due to the mechanism of influence and the dangerous consequences such offences should be evaluated as physical violence. She further argues that administering of narcotic or intoxicating substances on the victim by deceit should always be evaluated as a coercive offence, because deception limits the possibility of a victim to behave in a manner he chooses.
One aspect of the violence doctrine is the legal evaluation of hypnosis. Having analysed the main characteristics of a mechanism of influence and its dangerous consequences the author suggests that hypnosis is to be ranked as physical violence because it causes the feeling of helplessness. Mental influence is only a method to make the victim helpless, therefore it is not the main factor which allows treating hypnosis as a form of mental violence.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
