Política criminal y prevención de la violencia de géneroaspectos criminológicos, victimológicos, sustantivos y materiales

Abstract

This thesis addresses the issue of gender-based violence, considering it as a multicausal phenomenon of lacerating relevance in current times. It has criminal law consequences both substantive and procedural, criminological and victimological. Gender-based violence is not a recent manifestation, it is based on the fallacious concept of male superiority over women that has been maintained throughout the story. Hence the need to begin the analysis from a recent period that is culturally close to our society: Ancient Rome (chapter I). There are also earlier centuries where gender inequality was also assumed that could have been considered as for time-space reference. But my belief is that to reflect on something like the Code of Hammurabi or even the one from 4.000 years ago from the Sumerian king Ur-Nammu would not provide with anything useful to a contemporary study on gender-based violence such as this one. Due to cultural, social, economical and political differences between that period and our present times. Whereas, in our culture and history, we descend from Rome and belong to Rome. Spanish Constitutions from the XIX Century have been the object of analysis regarding to the constitutional legal treatment of gender inequality —except for the one from 1931 and the current one from 1978— and its discriminatory depiction of women in civil and criminal law. Chapter II will address the criminal offence, shaped on the current Criminal Code (CP) by reforms introduced in the Law 1/2004 LOPVG and on victimological repercussions and prevention mechanisms as the aforementioned law aims to cover the comprehensive protection of gender-based violence victims. In chapter III, national gender-based violence prevention mechanisms are addressed: education, police forces, jurisdictional function, Public Prosecution Service, penal institutions. The State pact against gender violence as a political agreement to tackle the problem of gender-based violence, assuming at the same time international responsibilities from treaties and conventions signed by Spain. Victimology is the subject of study in chapter V. It replies to the need to include the victim in the criminal response in besides to the assistance function to which it is entitled. Some concepts that have been assimilated in the legal imaginary such as ‘’gender perspective’’ will also be broached. As well as a penological analysis of the possible individual victim’s response in self-defence. Returning to prevention, current legal mechanisms will be analyzed in chapter V. Paying special attention to statistical data provided by the state observatories on violence against women (mainly the Spanish government Observatory and the General Council of the Judiciary) and to the criminal messages they indicate. Giving heed to existing policing systems, including ‘’VioGen’’. A final section (chapter VI) for summary and conclusions adopting a critical stance. Taking as a basis for this examining activity and for monitoring the current criminal policy, the persistence of femicides and the preventive insufficiency of some public actions.