Presunta vulneración del derecho a la contradicción en contravenciones de violencia intrafamiliar, en la prueba pericial.

Abstract

The issue arose from a potential violation of the right to the contradiction in domestic violence cases. Expert evidence has demonstrated that judges are violating the right to contradiction in cases of violence against women and family members by not requiring expert testimony in their report as established by the Integral Organic Criminal Code (COIP by its Spanish acronym) and the Constitution, which is essential for judges to make an appropriate decision in the case. Hence, it is necessary to include the corresponding expertise in all domestic violence cases without affecting the parties. The results showed a violation of the right to the contradiction in the hearings since the judge does not require the expert or accredited professional to support their report, which leads to a lack of congruence with the Constitution.