Spanish Government Added Vicarious Violence to the Criminal Code as an Aggravating Factor
Wichtigste Punkte
- 1. The Spanish Council of Ministers approved vicarious violence as an aggravating circumstance in the Criminal Code instead of an independent crime.
- 2. Custody rights of attackers with a final conviction will be automatically revoked.
- 3. In custody and visitation decisions, courts will have to listen to the children and obtain a prosecutor's report.
- 4. Since 2013, 68 children have been killed as victims of vicarious violence.
In Zahlen
The Spanish Government approved the bill that classifies vicarious violence not as an independent crime, but as an aggravating circumstance in the Criminal Code. This agreement, reached after months of intense negotiations between the ministries responsible for Equality, Justice, and Youth and Childhood, addresses the issue as part of gender-based violence rather than creating a new type of crime.
With the new regulation, custody rights of perpetrators with a final conviction will be automatically revoked. In addition, courts will be obliged to listen to the children and obtain the prosecutor's report before making custody or visitation decisions. In this way, it is aimed to prevent protective mothers from falling into legal uncertainty and being blamed.
According to data from Justice authorities, since 2013, 68 children have lost their lives as a result of vicarious violence. This year, three children lost their lives in these horrific events. The bill will now be debated in the Spanish Congress of Deputies to become law, and modifications are planned in 10 different legal texts.
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- Q: What is vicarious violence?
- A: It is a type of gender-based violence exercised by a spouse or ex-spouse through third parties (children, elderly, etc.) acting in her place, with the aim of harming the woman.
- Q: How does the new law affect the custody rights of perpetrators?
- A: The custody of attackers with a final conviction will be automatically revoked; rights can only be returned if the criminal record is completely erased.
- Q: According to the law, what must courts do when making a custody decision?
- A: They must request a report from the prosecutor and listen to the unemancipated children involved in the situation before making a decision.
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