Análisis jurídico sobre la reforma del COIP en el juzgamiento y sanción de delitos contra la mujer y miembros del núcleo familiar.

Abstract

The Constitution of the Republic of Ecuador, a legal and political norm, in force since 2008, makes mention of special procedures for the prosecution and punishment of crimes of domestic violence in its article 81, procedures that seek a rapid response by justice or specialized attention to certain criminal types, however, in the Comprehensive Organic Penal Code (COIP), the legal body that regulates the criminal system in the country, only established 4 types of procedures, and although within them, It pronounces on the procedure regarding intrafamily violence violations in its article 643, but not on crimes, and it is not until June 21 of this year that the new reforms to this code come into force, where establishes a procedure for these crimes, called “Unified, special and expedited procedure for the trial and punishment of crimes of violence against women or members of The family nucleus ”, however, what it typifies still reveals, on the one hand, the non-observance of a very important constitutional principle, which is not to re-victimize the victim and, on the other, the non-observance of a comprehensive rehabilitation of the perpetrator, and that, since the family is the nucleus of society, it is important to understand that it is the duty of the State to focus on laws that are aimed not only at judging, but also at preventing new infractions and nipping the problem at its roots, to prevent the pattern of violence is repeated.