La necesidad de extender el plazo para calificar la flagrancia en delitos de violencia psicológica.

Abstract

Article 4 of the Law to Prevent and Eradicate Violence against Women defines gender-based violence: "any action or conduct based on gender that may or may not cause death, physical, sexual, psychological, economic or patrimonial, gynecological-obstetric harm and/or suffering to women, both in the public and private spheres". (National Assembly, 2018, art. 4), gender-based violence exercised by intimate partners is a true fact, the proximity of an emotional nature tends to further complicate the situation of women, economic dependence is also considered whose role is important for this crime to exist, because it becomes a vicious circle of rape due to many factors including the economic. The general objective of this paper is to determine the need to extend the deadline to 48 hours for the flagrante delicto hearing for crimes of psychological violence. The methodology applied in this work was an exploratory approach, to know the situation of why the need arises to extend the term to 48 hours for the qualification of flagrante delicto if there is uninterrupted prosecution between the commission of the crime and the apprehension. Descriptive research allowed the understanding of the problem. By adopting this approach, a thorough delineation of the need to extend the time limit for qualifying flagrante delicto is achieved. This lays a solid foundation for further research and contributes to a complete understanding of the dimensions of the phenomenon under study. Explanatory research is a tool that allows us to provide large details about which there is a small amount of information, creating a research scheme with conclusive evidence. Due to the typology adopted in this research, it is necessary to conduct a metaanalysis as the main tool. The results found that the aspects that stand out are the rapid and effective intervention in the crime of gender violence is urgent as it is considered a fundamental problem with disastrous results for the victims. By extending the 48-hour period of uninterrupted prosecution, it will allow the authorities more time to carry ou the corresponding investigations and apply the legal measures provided for in the legal system and guarantee the rights of the victims to receive support and protection throughout the process and from the alleged perpetrator, guaranteeing the rights of the parties involved