Análisis de la eficacia de la limitación de la suspensión condicional de la pena en el delito de violencia contra la mujer en las relaciones de pareja, en Cuenca, año 2018

Abstract

Violence against women in couple´s relationships is a phenomenon that as tested the effectiveness of the law and it has also generated positive and negative reactions in society both in protection and prevention of the victim and, education and rehabilitation of the abuser. If the World Health Organization (WHO) agreed with violence against women is a public health problem, imprisonment may be a misguided measure on the horizon of eradicating this social evil, therefore it should be the last resort, an aggressor is not healed with prison but with rehabilitation. In Ecuador it is necessary to rethink the limitation of the conditional suspended prison term determined in paragraph 4) of article 630 in the Integral Penal Code (COIP), since after two thousand years there is no justification or way to legitimize confinement as a restitution form or behavioral rehabilitation. In the Comparative Law, application of the conditional suspension of punishment in crimes of violence against women is not limited, this has allowed the implementation of recovery programs not only for abusers but victims of aggression, avoiding approximately 93% the risk of aggressor’s recidivism who underwent this possibility.