Abstract

PEREZ-RIVAS, Natalia. Determining the Habitual Practice of Abuse (Article 173.3, Spanish Criminal Code). Opin. jurid. [online]. 2016, vol.15, n.30, pp.169-182. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v15n30a8.

Habitual practice was seen as the essential element of the crime of habitual abuse (Article 173.3, Criminal Code). However, the Spa nish Criminal Code does not contain a definition on what should be understood as habitual practice. The legal system has been restricted to set the criteria to be taken into consideration by the legal system to consider its concurrence. The purpose of this article is to analyze such criteria in order to provide necessary material elements to give meaning to such criteria. For this purpose, the article has not only taken the doctrinal opinions and the existing jurisprudence into consideration, but also the data taken from the files kept by Santiago de Compostela Prosecutor’s Office in Galicia (Spain), in relation to issues on gender violence that ended up in a final verdict for the crime of habitual abuse between 2005 and 2012.

Keywords : domestic violence; habitual abuse; habitual practice.

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