La vulneración de la presunción de inocencia de la persona procesada, frente a la medida de protección denominada prohibición de realizar actos de persecución o de intimidación a la víctima

Abstract

The purpose of the study is based on the analysis of the violation of the defendant's presumption of innocence against the protective measure called prohibition of acts of persecution or intimidation of the victim, stipulated in Article 558 paragraph 3 of the Comprehensive Organic Penal Code (COIPby its Spanish acronym). To this end, a detailed explanation of the fundamentals of domestic violence has been made. It is evident that sometimes the victimizer can become a victim due to malicious acts and failure in due process. This infringement means a violation of a fundamental right under the principles of the State. However, there is no adequate treatment. Only the departments of violence established in some institutions have managed to provide a follow-up of the protection measures, but in this matter, there is still much room for improvement, such as the creation of a Multicompente Team for processes of violence.