Responsabilidad penal en los delitos de violencia psicológica.

Abstract

Psychological violence has its own characteristics such as intangibility, so in the legal sphere it is difficult to quantify the degree of impact on the victims, which is assessed by an expert, on whom the judge's decision depends. In 2014, this type of violence was typified in the Comprehensive Organic Criminal Code of Ecuador, in article 157, which does not consider the criminal responsibility of the accused. Under this context, the present research work aims to identify the excess of article 157 with respect to psychological violence, through qualitative, conclusive descriptive methodology and bibliographic analysis that will seek to analyze the doctrinal content and current legislation, specifically in those inherent to the crime, thereby identifying the violation of rights in the classification of psychological violence. From the development of the research, it was evidenced that the lack of classification of psychological violence violates the fundamental rights of people, it is also observed that, the lack of knowledge on the part of professionals of the different norms and laws that regulate violence These results agree with several authors who state that this type of violence has negative effects on the quality of life of society. The aforementioned contributed to make a proposal to reform the article where it considers the effects of this type of violence through experts, medical assistance and rehabilitation, thereby avoiding the violation of the rights of both the victim and the offender.