On torture and other criminal offences against moral integrity
Spanish Criminal Code | We specialize in Domestic Violence
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...The penalties shall be imposed in the upper half if one or more of the deeds of violence are committed in the presence of minors, or using weapons, or take place in the common dwelling or in the dwelling of the victim... We are Domestic Violence Lawyers in Spain
We specialize in torture and other criminal offences against moral integrity | Domestic Violence Lawyers in Spain
Spanish Criminal Law on Domestic Violence
Organic Act 10/1995, dated 23rd November, on the Criminal Code | Article 173.2
2. Whoever habitually uses physical or mental violence against the person who is or has been his spouse or the person who is or has been bound to him by a similar emotional relation, even without cohabitation, or against descendants, ascendants or biological, adopted or fostered siblings, against that person or the spouse or cohabitating partner, or against minors or persons with disabilities requiring special protection who live with him or who are subject to the parental rights, guardianship, care, fostership or safekeeping of the spouse or cohabitating partner, or against a person protected by any other relation by which that person is a member of the core family unit, as well as against persons who, due to their special vulnerability are subject to custody or safekeeping in public or private centres, shall be punished with a prison sentence of six months to three years, deprivation of the right to own and carry weapons from three to five years and, if appropriate, when the Judge or Court of Law sees it fit in the interest of the minor or person with disabilities requiring special protection, special barring from the exercise of parental rights, guardianship, care, safekeeping or fostership for a term from one to five years, without prejudice to the penalties that could correspond to the criminal offences to which the acts of physical or psychological violence could have given rise.
The penalties shall be imposed in the upper half if one or more of the deeds of violence are committed in the presence of minors, or using weapons, or take place in the common dwelling or in the dwelling of the victim, or are perpetrated in breach of any of the penalties foreseen in Article 48, or of a precautionary or security measure or prohibition of the same kind.
In the cases referred to in this Section, a probation measure may also be imposed.