La falta de regulación del artículo 172 ter en el supuesto de reincidencia del agresor de violencia de género

Résumé

In this paper the section 172 ter of a new crime called "stalker" is analyzedalong with the crime of gender violence. The hypothesis of the problem is: Before a complaint or in case of lack of a complaint by the woman who is a victim of gender violence and, therefore, based upon this, a restraining order or an order of probation is applied. One could ask what happens when there is recidivism in breach of the above mentioned restraining orderor supervised freedom. For example, let us consider the approach to the victim and, therefore, the consummation of the crime of stalker. In this case, currently, the top penalty is the same for both cases: recidivists and non-recidivists. Therefore, our aim is considering that the penalty applied to the aggressor in the above mentioned section has a gap with respect to the recidivism (recognized or not judicially) in the crime of gender violence given the seriousness of the damage to fundamental rights. Including in section 172 ter two new cases concerning repeat offenders and non-repeat offenders, aggravating the penalty in the first case, is a neat need.