Identificador: TDX:2824
Autors: Solé Ramón, Ana María
Resum:
'Evidence of occasional abuse of article 153.1 of the Penal Code. New perspectives 'is a thesis whose purpose is the study of the crime of occasional abuse of article 153.1 CP from a double perspective: the Criminal Law and the Procedural Law. Hence, the first chapter is devoted to its criminal-legal analysis, and the two chapters following the judicial evidence of occasional abuse, and to criminal mediation as a complementary means to the criminal process to achieve the resolution of the underlying conflict created.
The thesis is based on the hypothesis that occasional mistreatment, planned and punished in article 153.1 CP, should be able to be subject to criminal mediation, despite the current legal prohibition, provided for in Law 1/2004, of December 28, of Integral Protection Measures against Gender Violence. For this, in our study we also analyze the difficulty of the test of occasional abuse, which generates many acquittals, in many cases for formal reasons that are not substantive; the need, in these cases, to channel the underlying problem between the parties, and the problem of secondary victimization of women victims of abuse when absolution sentences are issued due to lack of evidence. This is, without a doubt, a novel subject in the field of occasional abuse. In short, it is an issue that has influenced our interest in occasional abuse in general, and in particular in the need for an in-depth study that covers this crime and the practical difficulties of its test. The thesis, therefore, addresses the need to seek a new perspective that offers an effective solution to these daily problems of judicial practice, through the introduction of criminal mediation in our criminal process in this matter. It develops arguments, both theoretical and practical, on which this prohibition rests, which will make it possible to determine that a legislative change is possible and viable.
Repositori URV