Digital forms of violence: criminal-legal measures against online bullying, stalking and psychological violence in the context of the digitalization of society

Abstract

The article presents a criminal-law and criminal-procedure analysis of new forms of violence that have become widespread amid the digitalization of society, including online bullying, stalking, cyberstalking, and psychological violence. The study aims to examine the legislation of the Republic of Kazakhstan developed between 2022 and 2026, assess the effectiveness of existing legal mechanisms, and formulate specific proposals for their improvement. Its main areas include the protection of minors and adults from digital harassment, liability for stalking, the legal classification of psychological violence, and the procedures for collecting, recording, and preserving digital evidence. The scientific and practical significance of the study lies in identifying gaps in national legal regulation and substantiating ways to address them with due regard to the experience of the United Kingdom and Italy and relevant international standards. The research employs formal legal, comparative legal, systemic and structural, and statistical methods. The findings demonstrate that specific protection against cyberbullying primarily covers minors, while repeated digital harassment of adults remains insufficiently regulated. Procedural requirements concerning the integrity and chain of custody of electronic data also require further clarification. The article proposes introducing a specific administrative offence, establishing urgent judicial protection orders, adopting inter-agency rules to ensure the authenticity and integrity of digital evidence, and developing a unified statistical classification. The study contributes to the relevant field by examining criminal-law, procedural, and preventive measures against digital violence as an integrated system. Its findings may be applied in legislative activity, judicial and investigative practice, prosecutorial supervision, and crime prevention.