La tipificación del delito de violencia psicológica en la legislación de Ecuador : análisis de la proporcionalidad de las penas.

Abstract

Psychological violence is a type of violence present in all societies. In Ecuador, this reality is evident and has become a growing social problem, a situation that led to its Constitution recognizing and guaranteeing people a "life free of violence" as a right. In 2014, with the promulgation of the Comprehensive Organic Criminal Code (COIP), psychological violence (art. 157) is classified as a crime and penalties of deprivation of liberty and victim protection mechanisms are established. In 2018, the Comprehensive Organic Law for the Prevention and Eradication of Violence against Women (LOIPEVM) was promulgated, which introduced the first reform to the COIP in relation to the criminalization and penalties for psychological violence, in 2021 a second one was introduced. reform the COIP in this matter with the promulgation of an Organic Law to Reform the COIP to prevent and combat digital sexual violence and strengthen the fight against cybercrime. However, the criminalization of the crime and the proportionality of the established penalties present ambiguities and generalities that limit judicial and criminal action with regard to the proportionality of the penalties. A new reform to article 157 of the COIP is necessary to establish more specific criteria and more precise categories for the criminalization of the crime of psychological violence, as well as to establish new time ranges that make the imposition of penalties more proportional.