The module on the Criminal and Procedural Protection of Women is an optional module, the main objective of which is for the student to acquire knowledge of national and comparative criminal and procedural law from a gender perspective, and also to approach the constitutional analysis of the problems posed by domestic and gender-based violence. The objective of this course is to bring the student closer to the magnitude of the phenomenon, as an objective reality, by studying the entire social fabric that maintains this violence, as well as the measures adopted from various spheres to eradicate it.
The course also pays special attention to the European and Latin American criminal policy implemented in response to these behaviours and the results obtained in this regard, the effect of the penalties and the possible ways of solving the phenomenon, stressing the need for precautionary measures to be imposed during the course of the proceedings and for the penalties, if convicted, to be limited not to the traditional custodial ones but to the accessory custodial ones. Likewise, the curriculum of the course includes the analysis of more complex global measures aimed at discovering the root of the problem, the solution to which is, above all, educational and awareness-raising measures.
The Women's Criminal and Procedural Protection module consists of the following sections:
I. Introduction: General situation of the problem of gender violence in Europe and Latin America. Social repercussions. Facts and figures. Institutional policies for the eradication of violence against women Information, detection and action plans.
II. Constitutional budgets for the analysis of criminal legislation. Pronouncements of the Constitutional Court on the possible fundamental rights affected: principle of equality, right to privacy, right to freedom, principle of proportionality, principle of criminality, principle of guilt, principle of presumption of innocence.
III. International legal instruments: 1. 2. Inter-American Commission of Women. 3. European Union.
iV. Legal and criminal treatment in Spain
1. Introduction. Concept and general aspects of Gender Violence. Manifestations. Legislative and jurisprudential developments up to LO 1/2004 of 28 December on Comprehensive Protection Measures against Gender Violence. From crimes of domestic violence to crimes of gender violence: increase in punishment, concept of habituality and extension of the scope of application of typical behaviour.
2. Analysis of specific criminal types. A. The crime of occasional abuse (art. 153 CP). General issues. Protected legal asset. Active and passive subjects. Typical conduct. Specific aggravations: in the presence of minors, using weapons, which takes place in the common home or in the home of the victim, which is carried out in violation of a penalty of those contemplated in article 48 of the CP or a precautionary or security measure of the same nature. Specific mitigation. Competitions. B. The crime of habitual violence (Art. 173.2 and 3). General issues. Protected legal good. Active and passive subjects. Typical behaviour. The concept of habitability. The bankruptcy rule. Specific aggravations. C. Injuries of art. 148.4º and 5º. D. Threats of art. 171, 4, 5 and 6. E. Coercions of art. 172.2 and art. 620.2 last paragraph. F. Reference to the mixed circumstance of kinship (art. 23).
3. Penalties. Accessory penalties (arts. 39, 48, 57). Precautionary measures (art. 544 ter of the Criminal Code). Security measures (art. 105. 1 g). Breach of penalties and precautionary measures. Control of compliance with the restraining order: special reference to electronic devices in aid of victims.
4. Suspension (art. 83.1 CP), substitution (88.1,3), conditional release (93 CP and 64 LO 1/2004).
V. Comparative law.
1. European Criminal Codes: A) Germany B) Austria C) France E) Italy
2. Reference to the Latin American systems.
VI. Other manifestations of gender-based violence.