Violencia doméstica: estudio crítico-empírico de su problemática sustantiva y del tratamiento aplicado en los centros penitenciarios españoles

Abstract

The crime under study, apparently of recent emergence in the criminal spectrum and statistics, it comes to question the progress made by a civilization that considers itself advanced and that, in the past decades, has made enormous efforts to achieve a desirable level of welfare and social equity. This research work, after the definition of its subject matter, will address the differences between domestic violence and gender-based violence, which are concepts often confused, to show that the latter can be considered a mere subtype of the former, and therefore, without going too deep into the analysis, -given the fact that gender-based violence, itself, could be subjected to detailed analysis-, we will analyze the Organic Law 1/204, of 28 December, on Comprehensive Protection Measures against Gender Violence, which will proven to be responsible for the coining of the term "gender-based violence", analyzing how close it is to being unconstitutional and, in terms of criminal law, how superfluous it is. The text also will cover the evolution of the criminal regulation of aggression at home, breaking down all the vicissitudes it has gone through, to reach the current policy, which is absolutely not the final one, studying several errors detected in the drafting of the articles forming part of it, as well as in the timing of the regulation of the legal rights to be protected, coming to the conclusion that the responsible for these systematic flaws is the haste with which usually the articles referred to have been drafted, due to a changing social reality that was deemed lacking of criminal regulations.