Contravenciones flagrantes en infracciones de violencia intrafamiliar, análisis de vulneración de los derechos y principios penales y constitucionales de los presuntos infractores, a partir del año 2014.

Abstract

This investigation reflects the prosecution of flagrant contraventions, specifically of Infractions of Violence against Women or members of the family nucleus that appears because of the constitutional guarantee that came into force since 2008 and the current Organic Integral Criminal Code that has been in force since 2014. The procedural speed sought by legislators, so that the judicial function administers justice, resulted in a revolutionary reform of criminal procedures in the current COIP, particularly when reference is made to flagrant contraventions in infractions of domestic violence, therefore, it has been intended to resolve processes in a faster way, and that sometimes, equality in the collection of evidence of the procedural parties is not practiced, as is the case of the alleged aggressors, which leads to a violation of constitutional rights. It is concluded that the unequal treatment violates the principle of innocence, because since the entry to the Judicial Unit a medical and psychological evaluation is not carried out within the facilities of the judiciary, he is classified as an aggressor since the beginning of the investigative odyssey. The absence of a legal norm or a protocol that determines to establish this problem, does not allow a good defense for the citizen, the constitutional guarantees are not protected. This defense of the alleged offender is evidently not found with equality of evidence; the conditions are not the same, in relation to the alleged victim.