Description
The crime of habitual violence
Book Summary
This work offers a critical and in-depth analysis of the crime of habitual violence, defined in Article 173.2 and 3 of the Penal Code. The author, María Concepción Gorjón Barranco, reviews the evolution and application of this crime, commonly associated with family violence, and denounces its lack of a gender perspective. Based on data evidencing that women are the primary victims, the book reclaims habitual behavior as the central axis of the penal strategy, questioning the focus on less serious conduct and proposing a necessary reflection on legal reforms regarding gender-based violence.
What is it about?
The book examines in depth the crime of habitual violence, also known as the crime of family violence, from a legal and criminological perspective. The author analyzes its legislative evolution, from its origins to the reforms of 2003 and 2004, and questions the effectiveness of Organic Law 1/2004 on Comprehensive Protection Measures against Gender-Based Violence. It is argued that, despite advances, the criminalization of minor conduct has relegated the crime of habitual violence, concealing the reality of repeated violence against women. The work proposes a shift in approach, focusing the penal strategy on habituality as a key element to combat gender-based violence more effectively. The advantages and disadvantages of penal reforms are analyzed, as well as the debate between the concepts of "domestic violence" and "gender-based violence."
Main Topics
- Analysis of the crime of habitual violence in the Spanish Penal Code.
- Legislative evolution and jurisprudential application of Article 173.2 and 3.
- Critique of the lack of a gender perspective in the treatment of the crime of habitual violence.
- Evaluation of Organic Law 1/2004 and its impact on the criminalization of gender-based violence.
- Reclaiming habituality as the central axis of the penal strategy against violence towards women.
- Debate between the concepts of "domestic violence" and "gender-based violence."
Who is it recommended for?
This book is aimed at legal professionals, criminologists, jurists, undergraduate and postgraduate students of Law and Criminology, as well as researchers and specialists in gender-based violence. It is also of interest to activists, social workers, and anyone interested in a rigorous and updated analysis of penal legislation regarding violence against women.
What this book provides
- A critical and updated review of the evolution of the crime of habitual violence in Spain.
- A well-founded analysis on the need to incorporate a gender perspective into penal strategy.
- Proposals to reorient criminal policy towards habituality as the central axis of the fight against violence towards women.
- A deep reflection on the effects of the penal reforms of 2003 and 2004 on the protection of victims.
- Data and arguments that question the current focus on the criminalization of minor conduct.
Technical Specifications
- Author: Gorjón Barranco, María Concepción
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: Crime and Criminology, Crimes against the person
- Collection: J.M. Bosch Editor Penal Collection
- Publication date: December 2020
- Number of pages: 282
- Weight: 540 g
Editorial Assessment
This is a rigorous and necessary work that addresses a legal issue of great social relevance. The author combines solid legal analysis with a critical and gender-based perspective, offering a vision that invites reflection on the effectiveness of current penal policies. It is a reference text for those who seek to understand the deficiencies of the system and possible ways for improvement in the fight against habitual violence towards women.