Incidencia de las medidas de protección, protege a la víctima o vulnera las normas del debido proceso, en los casos de violencia psicológica contra la mujer y miembros del núcleo familiar
In Ecuador, psychological violence was considered a crime for the first time in the Organic Comprehensive Criminal Code, since it became effective on August 2014, in which this type of crime was typified, punishing the aggressor with up to 3 years of imprisonment. , in cases in which actions are car...
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| Format: | bachelorThesis |
| Langue: | spa |
| Publié: |
2019
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| Accès en ligne: | http://dspace.unach.edu.ec/handle/51000/5598 |
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Ajouter un tag | Résumé: | In Ecuador, psychological violence was considered a crime for the first time in the Organic Comprehensive Criminal Code, since it became effective on August 2014, in which this type of crime was typified, punishing the aggressor with up to 3 years of imprisonment. , in cases in which actions are carried out that cause harm or psychological damage, to the extent that they prevent the victim from carrying out their daily activities normally. In this regard, psychological violence against women or members of the family is that which affects the life of the victim, which can even generate traumas and diseases such as depression, low self-esteem, anxiety, among other symptoms. However, it is no less true that according to the complaints that are presented in the Judicial Units of the Family Childhood and Adolescence, in the vast majority of them are accused of psychological violence, which is distorted by the expert reports practiced by psychologists of the Judicial Units, where it is concluded in a large number of cases, that there is no psychological affectation of the victim. For such considerations, in the present investigation it is analyzed how the measures of protection dictated in the cases of psychological violence affect the right to defense, because they are granted immediately without previously hearing the alleged aggressor, which could be considered as a violation of the right to defense, especially in regard to the right to contradict, situations that arise in judicial practice and that warrant a thorough investigation, to promote a reform, in order to give strict observance to due process , enshrined in the constitution of the Republic of Ecuador |
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