Gender violence in the Penal Code: definition, penalties and legal treatment

Criminal lawyers specializing in gender violence offenses

Gender-based violence is one of the most serious manifestations of inequality and aggression against women’s fundamental rights. The Spanish Penal Code establishes a specific legal framework for prosecuting these acts, distinguishing them from other common crimes and granting them enhanced legal treatment.

What is considered gender violence according to the Penal Code?

The crime of gender-based violence occurs when a man uses physical or psychological violence against a woman with whom he has or has had an intimate relationship. This legal classification takes into account not only the specific act of aggression, but also the underlying structural context of domination, control, or subjugation that motivates it.

The regulation is distributed throughout several articles of the Penal Code , especially:

• Article 153 CP : regulates the minor offense of gender violence (aggressions or mistreatment without medical injury).
• Article 148.4 CP : provides for an aggravated form of injury when the victim is or has been the partner of the perpetrator.
• Article 173.2 CP : contemplates the crime of habitual violence, when the aggressions occur repeatedly.

Penalties foreseen for the crime of gender violence

Criminal penalties vary depending on the severity of the offense and the presence of aggravating circumstances. Penalties may include:

Minor offense of gender violence (art. 153 CP)

• Prison for 6 months to 1 year or community service for 31 to 80 days.
• Prohibition of gun ownership for 1 to 3 years.
• Disqualification from exercising parental authority, guardianship or legal custody (up to 5 years).

Habitual violence (art. 173.2 CP)

• Prison sentence of 6 months to 3 years.
• Withdrawal of the right to carry weapons (3 to 5 years).
• Measure of supervised release and family disqualifications.

Furthermore, the Penal Code provides for specific aggravating circumstances , which may increase the penalties, such as:

• Committing the crime in the presence of minors.
• Using weapons or dangerous objects.
• To carry out the acts at the victim’s home.
• To violate a protection order or a prior court order.

What requirements are considered when assessing the crime of gender-based violence?

The competent court must analyze:

• The existence of a current or past emotional relationship between the perpetrator and the victim.
• The intentionality of domination or subjugation in the aggressor’s behavior.
• The nature of the aggression (physical, verbal, psychological) and its objective severity .
• The habitual nature of the conduct (in the case of applying art. 173.2).

Judges also assess the credibility of the victim’s testimony, the existence of witnesses, medical or psychological reports, and any contextual evidence that demonstrates a dynamic of violence.

Protective measures in criminal proceedings for gender-based violence

Once the complaint has been filed, the court can adopt precautionary measures even before the trial takes place:

• Restraining orders .
• Prohibition of communication with the victim.
• Suspension of visitation or custody arrangements .
• Withdrawal of gun ownership .
• Eviction from the shared home

These measures aim to protect the victim and prevent further risk situations during the criminal proceedings.

How are these crimes prosecuted? Criminal procedure

The criminal procedure in these cases:

• By summary trial , if the requirements of article 795 LECrim are met.
• By abbreviated procedure , in cases of greater complexity or if it is not urgent.
• Before the Court for Violence Against Women , which has exclusive jurisdiction over these crimes.

If you find yourself in a situation where you need legal advice regarding a gender-based violence offense and require the assistance of a criminal defense law firm in Barcelona , ​​at NIETO ENRIQUEZ CRIMINAL LAWYERS, We have a team of lawyers specializing in these types of crimes, ready to protect your interests and assist you in everything you require.