Criminal law defines domestic violence in its article 173.2 of the Penal Code as the practice of « regularly physical or psychological violence against one who is or was his spouse or on a person who is or who has been bound by a similar affective relationship, even without living together, or on descendants, ascendants or siblings by nature, adoption or affinity, own or spouses or cohabiting, or on minors or persons with disabilities in need of special protection who live with or over whom they exercise power, guardianship, trusteeship, foster care or guardianship of the spouse or cohabitant or a protected person ».
Penalty in case of domestic violence : prison from six months to two years.
The legal good that the criminal law protects in this case is the dignity of the person.
- Active subject: a person who physically or psychologically abuses the passive subject.
- Passive subject: person offended by the active subject or victim of the offense.
Action: Exercise physical or psychological violence in the family home.
- As a general rule, for this type of offense, the active subject is the spouse or partner, but it can also be a child of the home, a parent or another member of the family.