The Council of Ministers has just approved on Tuesday in the first round the law that comprehensively addresses vicar violence. The draft encompasses a package of measures against this type of sexist violence based on the instrumentalization of the children of the victims with the aim of harming them, including their inclusion in the Criminal Code as autonomous and own crime and the incorporation of a new penalty that will allow the judges to prevent those who have committed the crime to speak of it for 20 years. This last measure is designed to prevent cases such as the book The Hate, in which José Breton had the murder of his two children.
The text, to which Eldiario.es has had access, reforms several laws and its objective is to strengthen the protection of children and adolescents against whom their parents or couples of their mothers exercise violence. “With this law we respond to the hard reality of vicar violence,” said the minister at the press conference after the government meeting. So far this year, three minors have been killed for this cause, 65 since 2002, when the records began.
The draft includes as a new accessory penalty – that is, the judge can agree or not – “the prohibition of publishing or disseminating messages, texts, images or other content that are directly related to the crime committed”, as happened in the case of the Breton’s book, whose publication was finally paralyzed. The idea is that there is a maximum limit of 20 years for the imposition of this penalty. At the time, Equality has already announced his intention that something like this would not happen again to avoid “the revictimization” of women as Ruth Ortiz, the mother of the children, who initiated legal actions to stop the launch of the work.
The preliminary draft also reforms the Criminal Code to incorporate a crime of Vicaria violence, although not only circumscribed to sexist violence. It is the 173 bis, which is typified as a crime against moral integrity that punishes who “to cause damage or suffering” to their partner or ex -partner “comet on their children or people under their tutelage” any violent crime or against intimacy, honor, rights and family duties or privacy. To do this, it establishes a penalty of 6 months to three years. And in the event that this person is a woman, aggravates the penalty and foresees that he can be imposed in his upper half.
Redondo explained that the government “has opted for this double type”, one generic and another aggravated in the case of women’s victims, because “the jurisprudence of the Constitutional Court in the matter” has followed and with the objective of “avoiding discrimination and affectation to article 14 of the Constitution” this difference is established. In addition, the text is not limited to recognizing that vicarious violence can be exercised only on sons and daughters, but extends it to other family members: also its current parents, brothers or couples.
The obligation to listen to minors
The new norm, which now begins its journey in the government before starting the parliamentary process, also modifies the Civil Code to provide for the obligation to listen to the minor children and daughters in the procedures related to their guard and custody and the regime of visits, communication or stay. On the other hand, it reinforces in Organic Law 6/1985, of the Judiciary the formation in this area and includes vicarious violence in the oppositions of judicial and fiscal careers, in the selective course of the judicial school and in continuous formation.
Another of the articles of the Draft modifies the legal protection law of the minor with the objective of incorporating “exposure to vicar violence” as a risk indicator that allows the authorities to detect vulnerability situations.
Also the Comprehensive Law against Gender Violence will be another of the norms that reform the text to expressly define what is considered vicaria violence, incorporating it “as a manifestation of sexist violence,” government sources point out. In addition, a new wording will be included in the statute of the victim of the crime with the objective of “establishing the possibility” that the declarations of minors are carried out with the assistance of personnel designated by the judicial technical team.
Part of the rule aims to respond to the measures included in the new State Pact against Gender Violence, whose update was approved last February in Congress with the only vote against Vox. The agreement reserved a specific section for Vicaria violence, whose extreme expression is the murder of children but has many other manifestations. “Vicaria violence is one of the most cruel and devastating forms of gender violence,” Redondo said last May in Congress, when he said that the Ministry wanted to expressly define this type of violence in the Criminal Code because the concept “is not collected.”
Source: www.eldiario.es
