The suspension of the substance of the procedure in crimes of violence against women or members of the family nucleus and family stability

10.2478/bjlp-2023-00000121

Abstract

The suspension of the stability of the procedure in crimes of violence against women or members of the family nucleus and the family, covers physical and psychological violence in which there is no serious damage, because they are injuries that reach up to 30 days of inability; and in psychological violence it reaches when the sentence is 1 year,  being actions such as verbal abuse, blackmail, discrimination, being possible to suspend the substantiation of the process at the request of the victim to the prosecutor so that the Judge orders compliance with measures and the psychological rehabilitation of the aggressor.The suspension of the substance of the procedure is a legal instrument used in criminal law to ensure the safety of victims of violence against women or members of the family nucleus and preserve family stability. As Vázquez, Ricardo, and Hernández (2022) explain, this measure consists of "the temporary suspension of the development of the criminal proceedings, allowing the victim to be relocated or protected while the legal process continues." This tool is crucial in protecting victims of domestic violence and ensuring that they can seek justice without fear of retaliation. Moreover, as Ricardo, Vázquez, and Hernández (2022) argue, legal research can have a significant impact on addressing social issues, including gender-based violence. In their study, they suggest that "legal research can contribute to the identification of solutions that protect victims, prevent further violence, and promote the well-being of families affected by violence" (p. 549). Leadership is also essential in the transformation of higher education to address social issues effectively. As Viteri et al. (2021) note, "university leaders must be committed to creating a culture of respect for diversity and inclusion, where gender-based violence is not tolerated, and victims are supported" (p. S2-31).There are tendencies to think that acceptance into this legal institution is a window to re-victimization by not sanctioning the aggressor, but in reality it is a quick solution to the problem of physical and psychological violence, since upon acceptance a series of means is imposed. and conditions to the aggressor who must comply with them,  otherwise the penalty established by law will be imposed.Having as objective an analysis of the violence and application of the suspension of the procedure in crimes against women and members of the family nucleus whose purpose was family stability.It is important that the use of this legal institution be intensified since it is guaranteeing the stability of the family, the rehabilitation of the aggressor and family coexistence in the future.