Eficacia del tipo penal “violencia psicológica” frente a los nuevos procedimientos penales establecidos en el Código Orgánico Integral

Abstract

The present investigation studies the crime typified in the Integral Organic Penal Code of Psychological Violence against Women and Members of the Family Nucleus. Its main objective was to demonstrate if the criminal type of psychological violence is effective. For this purpose, field information was collected from the three specialized gender units of the Provincial Prosecutor's Office of Azuay, due to the fact that in this province the highest figures of gender violence are presented in Ecuador. With respect to the temporary scope, the cases of the period corresponding from August 14, 2014. (When the Code was in effect) until December 31, 2016 were analyzed. From the analysis of the cases it was possible to clearly identify the legal problems and the difficulty of the evidence presented by the fiscal investigations, verifying the large number of complaints and that only 0.01% of reported cases of psychological violence have a conviction. Therefore, it is concluded that the conforming criminal type is ineffective