La graduación del daño psicológico en la sanción de delitos por violencia psicológica, según el Art. 157 del COIP

Abstract

Historically, the science of Law has ensured the protection against the damage towards the material goods of people. However, according to the evolution of Law and the new social realities, it’s been necessary the regulation towards the physical and psychic integrity of the human being. The expedition of the Law No 103 against Violence towards Women and Family constituted a milestone in the History of Ecuadorian Law, in where prevailed the status of women and members of the family core as groups that needed special protection considering the atrocious treats that the have been suffering along History. However, even if the Law 103 gives the definition of psychological violence for the first time, its reliability has been reduced because it considers it as a contravention instead of a crime. So, the expedition of the Integral Codex of Criminal Law marked a true revolution about many conceptions of Criminal Law, and introduced psychological violence as a crime. The article 157 considers that there are three levels of psychological damage: mild, moderate and severe. But, the science of Psychology doesn’t have the same kind of graduation, so the qualified psychologist can only measure the level of specific disorders, which can be quantified in the same levels determined in the Law. Consequently, judges can apply the ordinary procedure established in the Code, so they will appreciate the reports of the specialist and rule their judgment with full conviction of the cause.