Perspectiva judicial de la violencia de pareja y doméstica en España

Abstract

The present article reviews the history of the Spanish criminal justice on domestic violence until the enactment of the 2004 Law on Integrated Protection Measures against Gender Violence, which distinguishes between gender violence and domestic violence and attempts the integral recovery of the woman and the rehabilitation of the aggressor. From the data obtained by the Observatory against Domestic and Gender Violence of the General Judiciary Council, the application of the aforementioned Law by Spanish Courts (Jury Courts and Provincial Courts) on subjects such as the appraisal of extenuating, mitigating, aggravating circumstance, previous aggressions, application of Article 46 of the Criminal Justice Law is analysed, along with the presence of children as direct witnesses of the events. Finally, future proposals in the field of judicial protection and prevention are presented.