29 june 2016

In this article, apart from victim’s physical and mental health, it also protects the victim against the so called “domestic violence”. That means, the victim is protected during the cohabitation with the abuser. According to the Supreme Court domestic abuse is define as “any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another can constitute domestic violence”. Consequently, it must “protect those physically weaker from the assaults of stronger members of the family”.

Moreover, Spanish Law 1/2004 (you can check it here) of Protection Measures against Violent Acts, specifies that “when injury is done to the woman with whom he shares or has shared an affective relationship constitute power and superiority actions before her, independently of the abusor’s causes or purposes”. Thus, Criminal Code establishes concrete penalties for gender violence, differing it from ordinary injury felonies. As we can see, article 153 goes one step further article 148. 

Punishment in article 153 specifies that “when the victim is or has  been his wife, or a woman with whom he has been bound by a similar emotional relation, even when not cohabitating,  or an especially vulnerable person who lives with the offender” he will be punished with a sentence of imprisonment of six months to one year or community service up to eighty days. If violence is against a person under the age of eighteen years or against an incapacitated person “barring from the exercise parental rights, guardianship, care, safekeeping or fostership for up to five years”.

Punishment will be more severe if the offence is perpetrated in the presence of minors, or using weapons, or when it takes place in the common dwelling or in the dwelling of the victim. It also includes a several penalty if the subject breaches a precautionary measure such as a restraining order.

In conclusion, article 153 from Spanish Criminal Code present the punishment for “domestic violence” aggravated when this violence happens in the common dwelling, in the presence of minors or if it breaches a restraining order. Article 148 specifies penalties for bodily injuries and it points out what entails domestic violence, isolating it from other kind of injuries that can be applied in any other case.