I. Introduction: Overview of the problem of gender violence in Europe and Latin America. social impact. Data and numbers. institutional for the eradication of violence against women policies. Information, detection and action plans.
II. Budgets for analysis of constitutional criminal law. Pronouncements of the Constitutional Court in the matter of possible fundamental rights affected: principle of equality, right to privacy, right to freedom, principle of proportionality, principle of criminality, principle of guilt, presumption of innocence.
III. International Legal Instruments: 1. United Nations. 2. American Commission of Women. 3. European Union.
IV. criminal legal treatment in Spain
1. Introduction. Concept and general aspects of Gender Violence. Demonstrations. legislative and jurisprudential evolution to 1/2004 of 28 December on Integrated Protection Measures against Gender Violence. Of the offenses of domestic violence to crimes of violence: increased punitive concept of regularity and expanding the fields of application of the typical behaviors.
2. Analysis of specific offenses
A. The crime of occasional abuse (art. 153 CP). General Issues. Legally protected. active and passive subjects. typical behavior. Specific aggravations: in the presence of minors, using weapons, which take place in the shared home or the home of the victim, which is made by breaking a penalty of those referred to in art. 48 CP or an interim or security measure of the same nature. specific attenuation. Contests.
B. The crime of habitual violence (Art. 173.2 and 3). General Issues. Legally protected. active and passive subjects. typical behavior. The concept of regularity. The insolvency rule. Specific aggravations.
C. Injury art. 148.4º and 5th.
D. Threats of art. 171, 4th, 5th and 6th.
E. constraints of art. 172.2 and art. 620.2º last paragraph.
F. Reference to the fact mixed parentage (art. 23).
3. Punishment. PENALTIES (arts. 39, 48, 57). precautionary measures (art. 544 ter LEC). 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 the victims.
4. Suspension (art. 83.1 CP), substitution (88.1,3), probation (93 and 64 CP 1/2004).
V. comparative law. 1. Criminal Codes Europeans: A) Germany B) Austria C) France E) Italy. 2. Reference to Latin American systems.
VI. Other manifestations of gender violence.