Summary.
The bill amends Article 138-A in Book Two, Title I, Chapter 1, Section 2 of the Criminal Code, among the provisions concerning offenses against life and personal integrity, offenses against human life, and personal injuries. Article 1 proposes new wording for that provision in Law 14 of 2007 (Ley 14 del 2007). It covers psychological violence directed against a woman, a man or a minor when carried out through threats, intimidation, blackmail, pursuit or harassment and used to compel the person to do or refrain from doing something, or to tolerate the situations listed in the provision.
Those situations include exploitation, threats, demands for obedience or submission, humiliation or degrading treatment, and isolation. The proposed wording also covers other similar conduct. For the described offense, the bill sets a prison term of five to eight years. The provision thus links the listed means of psychological violence to compelling an act, an omission or the toleration of the specified situations. Its terms cover women, men and minors alike as persons against whom the conduct may be directed.
Article 1 also establishes an additional penal consequence when the described conduct causes psychological harm. In that case, it provides that the penalty be increased by one third to one half of the maximum penalty. This rule refers to the conduct described in the preceding paragraph and to the resulting psychological harm, while retaining the description of the means used and the persons targeted. The increase forms part of the proposed wording of Article 138-A, alongside the prison term established for the principal conduct.
Article 2 expressly identifies the amendment to Article 138-A of Law 14 of 2007 (Ley 14 de 2007). Article 3 provides that the law would take effect on the day following its promulgation. The bill's remaining provisions therefore identify the amended statute and set the time of entry into force after the article containing the proposed criminal provision.
Given its subject matter, the bill relates to public bodies responsible for investigating and adjudicating criminal offenses and for carrying out criminal sentences. It may also concern women, men and minors covered by the description of the conduct, as well as professionals and services that address psychological violence and psychological harm.
What it proposes.
- Criminal treatment of psychological violence carried out through specified coercive conduct.
- A prison term and a penalty increase where psychological harm results.
- Amendment of Article 138-A of the Criminal Code.
Who it would affect.
- Persons who engage in the described conduct.
- Women against whom the conduct is directed.
- Men against whom the conduct is directed.
- Minors against whom the conduct is directed.
Key points.
- Proposes to amend Article 138-A of the Criminal Code, within the provisions on personal injuries.Art. 1
- Describes psychological violence carried out through threats, intimidation, blackmail, pursuit or harassment.Art. 1
- Covers conduct that compels a woman, a man or a minor to do or refrain from doing something, or to tolerate the listed situations.Art. 1
- Sets a prison term of five to eight years for the described conduct.Art. 1
- If the conduct causes psychological harm, provides for an increase of one third to one half of the maximum penalty.Art. 1
- Expressly identifies the amendment to Article 138-A of Law 14 of 2007.Art. 2
- Sets the effective date as the day following promulgation.Art. 3