Los procesos de violencia intrafamiliar y el acceso a la conciliación en el Código Orgánico Integral Penal

Abstract

ABSTRACT

The graduation work is presented to legal experts, people dedicated to carry out arduous work in favor and benefit of the community, and in particular to the students of the law career of the Technical University of Ambato. This work is the result of a systematized study of the problems that affect our society every day. Domestic violence is a reality that cannot be ignored, occurring in the country and outside its borders, and in all social strata. With the present investigation it was ratified that intra-family violence exists in the XXI century but in the same way it can be verified that the parties involved after the moment of disgust regret and want to reconcile the problem, but the law does not allow it, because it is So clear in determining that the offender should be tried.

Because this country does not allow conciliation in domestic violence, this reality is confronted with neighboring countries, with the result that they also protect victims of domestic violence and punish their offending aggressors, but with regard to the use of alternative mechanisms There is some progress in solving conflicts.

Through surveys and interviews with lawyers in the free exercise, persons punished by domestic violence, Judges of the Units of Violence against Women and Family Nucleus and others, after data collection, tabulation and analysis of information Concluded that the majority of people agree that domestic violence is one of the main problems affecting society without respect for sex, age or social status, which at the same time protects the victim of domestic violence is due To provide a rehabilitation to the aggressor through psychological therapies, that the lack of conciliation fosters family disintegration, the proposal is based, that is, to reform articles 641 and 642, numeral nine of the Code Comprehensive Criminal, to The use of conciliation as an alternative means for the solution of intra-family conflicts, as a pre-judicial step Al, provided that they are non-recidivist cases and do not constitute an offense.

Therefore we will note the need to incorporate in our legislation the alternative mechanisms for the solution of conflicts within the processes of intrafamily violence, since in this way we will be able to fulfill a primordial principle as it is the speed of process within the processes and in the same way We will be avoiding a recidivism, thus fulfilling effective protection of rights by providing society with efficiency, effectiveness and effectiveness of its rights.

In this way applying the conciliation within the processes of domestic violence will guarantee security to the victims and we will provide an effective justice for all.