Criminal-legal and criminal-political issues regarding gender and domestic violence regulation

Abstract

Gender and domestic violence is a cultural and social issue that affects all societies, even the more developed ones. This work analyses the extent to which the legislative reforms, that intend to solve the gender and domestic issues, carried out in the past years, have been positive or are subject to criticism. The awareness of Society is positive and, especially, the awareness of the bodies in charge of chasing and punishing these actions, as well as to adopt educational measures, psychological treatment and economical aid, that have an effect on the origin of this evil on society. The problems that arise from the present regulation take two opposite paths: excessive and insufficient sentences. Excessive sentences mainly arise from: false charges, indiscriminate restraining orders and to be on remand and lack of proportion between the foreseeable and imposed sentence and the lack of merits of the fact. Insufficient punishment results from the "benevolent" classification of events, such as homicide, injuries or rape, even if there was the attempt to commit them, such as "gender or domestic violence".