Post by account_disabled on Mar 7, 2024 0:35:20 GMT -8
The Public Prosecutor's Office requests that the cases in which pre-constituted evidence can be agreed to protect victims of sexual violence be expanded . The proposal is based on the "confirmed need to strengthen legal tools" that allow victims to be offered "comprehensive, adequate and effective protection", avoiding the effects of secondary victimization . Another suggested procedural reform is to eliminate the crime of breaking and entering , frequently linked to violence against women, from the catalog of crimes under the jurisdiction of this court.
Regarding the pre-constituted evidence, that which is carried out prior to the oral trial, the Prosecutor's Office points out that LO 10/2022 modified article 26 of Law 4/2015 to equalize Fax Lists the protection offered to minors and people with disabilities in special need. protection that should be granted to victims of sexual violence. Article 26 of the Victim Statute also calls for adopting the necessary measures to avoid secondary victimization. However, the LECrim has not yet included the extension to victims of sexual violence as subjects to whom these measures can be applied, among which is the pre-constituted test, which is mandatory, for example, for minors under 14 years of age. .
For this reason, they propose to modify what is established in article 448 of the LECrim. Thus, to the cases of being outside the national territory and fearing death, physical disability or cognitive deterioration before the opening of the oral trial, there would be added the cases in which there is a risk that the witness could be seriously threatened or subjected to coercion and the risk of secondary victimization . “In any case, said risk will be considered to occur when it is determined by the need for protection due to his age, disability or situation of special vulnerability . To assess the special vulnerability of the witness, they explain, the characteristics of the crime and its unique circumstances will be taken into account.
Regarding the pre-constituted evidence, that which is carried out prior to the oral trial, the Prosecutor's Office points out that LO 10/2022 modified article 26 of Law 4/2015 to equalize Fax Lists the protection offered to minors and people with disabilities in special need. protection that should be granted to victims of sexual violence. Article 26 of the Victim Statute also calls for adopting the necessary measures to avoid secondary victimization. However, the LECrim has not yet included the extension to victims of sexual violence as subjects to whom these measures can be applied, among which is the pre-constituted test, which is mandatory, for example, for minors under 14 years of age. .
For this reason, they propose to modify what is established in article 448 of the LECrim. Thus, to the cases of being outside the national territory and fearing death, physical disability or cognitive deterioration before the opening of the oral trial, there would be added the cases in which there is a risk that the witness could be seriously threatened or subjected to coercion and the risk of secondary victimization . “In any case, said risk will be considered to occur when it is determined by the need for protection due to his age, disability or situation of special vulnerability . To assess the special vulnerability of the witness, they explain, the characteristics of the crime and its unique circumstances will be taken into account.