El Tribunal Superior de Justicia de Córdoba (TSJ) ratificó que la desobediencia a las órdenes de restricción dictadas por los órganos judiciales, en el marco de la Ley de Violencia Familiar, encuadra “claramente” dentro del delito de desobediencia de la autoridad, establecido en el artículo 239 del Código Penal.
“Nos encontramos frente a un destinatario determinado a quien la autoridad pública competente le notificó una prohibición y su incumplimiento lesiona el bien jurídico protegido; esto es, el compromiso expresamente asumido por la administración de justicia, como parte del Estado, para erradicar y sancionar los hechos de violencia intra familiar”, expresa la sentencia firmada por los vocales Aída Tarditti, Sebastián López Peña y María Marta Cáceres de Bollati.
Asimismo, la sentencia distingue entre las órdenes de prohibición de acercamiento y contacto entre el agresor y la víctima, debidamente notificadas, “que encuentran su origen y ámbito de aplicación en la Ley de Violencia Familiar” y son dispuestas por los jueces con competencia en Violencia Familiar; y, por otro lado, las restricciones de comunicación entre víctima y victimario impuestas por los fiscales como “condición para el mantenimiento de la libertad”.
Según el Alto Cuerpo, el incumplimiento de las primeras configura el delito de desobediencia a la autoridad; mientras que la inobservancia de las segundas (adoptadas por fiscales en el marco del artículo 268 ‘in fine’ del Código Procesal Penal de Córdoba) no acarrea otro efecto que la detención del imputado.
El fallo, que confirma una condena impuesta a un policía por episodios de violencia familiar, agrega: “Las medidas de restricción previstas por la legislación de violencia familiar procuran conjurar riesgos materiales en tanto son impartidas con el fin de hacer cesar conductas que denuncian violencia familiar y para prevenir o evitar que se reiteren poniendo en peligro, la vida, la salud o la integridad psicofísica de la víctima”.
El Alto Cuerpo añadió que la Ley de Violencia Familiar asigna a los órganos judiciales que entienden en esta clase de conflictos “una tarea preponderante en orden a minimizar y castigar estos casos de violencia”. Según el TSJ, esta expectativa institucional pasa a formar parte del normal desenvolvimiento de la administración de justicia, que tutela la norma del artículo 239 del Código Penal.
Causa: WISNIEVSKI, Román Alexander p.s.a. lesiones leves, etc. -Recurso de Casación-
Fecha: 11 de agosto de 2016.
Fuente: www.justiciacordoba.gob.ar
mi ex mujer incumplio la orden de acercamiento del art. 239 e hice la denuncia correspondiente de desobediencia.
Pero un abogado me dijo que por que es mujer no le van a hacer nada y yo tengo entendido por la ley que son de 15 dias a un año de pricion
Elka puede jugar con la orden y no va a ser castigado por eso, no entiendo necesito informacion ya desobedecio dos ordenes y no se que mas hacer
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Hands down, Apple’s app keep wins by a mile. It truly is a significant amount of all varieties of programs vs a rather not happy option of a handful for Zune. Microsoft consists of courses, primarily within the realm of game titles, still I’m not certainly I might require toward guess upon the long term if this feature is significant toward on your own. The iPod is a substantially greater option inside of that situation.
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I’ll products this evaluate towards Two layouts of humans: latest Zune homeowners who are considering an upgrade, and us residents making an attempt towards come to a decision involving a Zune and an iPod. (There are other avid gamers well worth considering out there, like the Sony Walkman X, however I hope this gives you enough facts toward make an aware conclusion of the Zune vs players other than the iPod line as properly.)
Apple currently consists of Rhapsody as an application, which is a Good get started, nonetheless it is currently hampered as a result of the inability towards retailer locally upon your iPod, and consists of a dismal 64kbps bit price tag. If this improvements, then it will fairly negate this comfort for the Zune, but the Ten tunes for each thirty day period will nonetheless be a huge plus in just Zune Pass’ prefer.
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