Legal impact of the interruption of proceedings in cases of domestic abuse

Abstract

The study focused on determining the effectiveness of the suspension of proceedings in protecting victims and rehabilitating offenders. It aimed to understand how this measure influences the dynamics of domestic violence and the application of justice. A mixed-methods approach was employed, utilizing analytical-synthetic, inductive-deductive, historical-logical, and dogmatic methods. Techniques included literature review, surveys, and interviews with judges from the Domestic Violence Unit of Pastaza. The sample consisted of judicial officials, the technical team of the Judiciary Council, and specialized police officers. The majority of respondents felt that the suspension of proceedings favors the offender more than the victim and does not guarantee the rehabilitation of the former. Evidence showed a violation of victims' rights and highlighted the need to improve support and follow-up services for both victims and offenders. The research concluded that the suspension of proceedings is not effective in its current form. It recommended improving the conditions for its application, ensuring adequate post-suspension follow-up, and strengthening protection and support mechanisms for victims, as well as effective rehabilitation programs for offenders. This study highlights the need for regulatory adjustments and a comprehensive approach to the protection of victims and the rehabilitation of offenders in cases of domestic violence.

Keywords:

Domestic abuse, Judicial proceedings, Offender rehabilitation, Victims, Protection measures.