Análisis crítico de la suspensión de la sustanciación del proceso en delitos de violencia contra la mujer y miembros del núcleo familiar con enfoque de género.

Abstract

In the 2019 reform of the Integral Organic Penal Code, Art. 651.3 was implemented. It consists of suspending the prosecution process in cases of violence against women or family members. This critical analysis highlights that this rule infringes some rights, such as personal integrity and Art, 66 section 3 paragraph b) of the Constitution of the Republic of Ecuador, which enshrines the right to a life free from violence as outlined in national laws and international agreements, especially the Belém do Pará Convention, Art. 7, which guarantees a fair trial. Hence, suspending the legal proceedings at the victim’s request raises a legal concern, as it may lead to potential impunity due to the lack of gender-focus approach by justice operators, thus subjecting the victim to a re-victimization. Consequently, violence is tolerated rather than prevented. While the prosecuted person must comply with specific conditions set by the judge, the implementation of this measure results in another issue as it lacks a system to guarantee enforcement, relying instead on bureaucratic chance. This hinders effective rehabilitation measures. Thus, it is evident that this norm is not under a national and international legal framework.