Identifier: TFG:1077
Authors: Pedraza Bolaño, Eva
Abstract:
Forced marriage is a phenomenon not regulated in the criminal law before the reform of Spanish Penal Code that took place in 2015, but this phenomenon solved applying other penal types as, for example, threats, coercions, sexual abuses, etc. The Istanbul Convention, in which Spanish is part, forced to introduce the criminalization of forced marriage, as it indicate his article 37. And, in fact, Spain accomplished this obligation when introduced the article 172 bis Penal Code, which introduce the new crime of forced marriage, in the cited reform that also introduced forced marriage as a purpose of exploitation in the article 177 bis CP on trafficking in human beings. It should be noted that forced marriage is recognized as a violation of human rights in numerous international treaties and other documents supranational. Moreover, the regulation of the new crime (art.172 bis Penal Code) has many imperfections, misses and improprieties that that should be considered and improved. Also, there is a serious difficulty in resolving concurrence of felonies between forced marriage and other crimes because of lack of jurisprudence and lack of an unanimous opinion of the doctrine that has studied the topic.
Repositori URV