Jurisprudencia de la C.A.B.A.: Violencia doméstica – Improcedencia de la mediación del art. 204 del Código Procesal Penal local

SÍNTESIS.- En el caso, corresponde confirmar la resolución de grado en cuanto dispuso no hacer lugar a la pretensión de la Defensa en que se fije una audiencia de mediación.
En efecto, para fundar su oposición, el representante del Ministerio Público Fiscal se basó en dos motivos distintos. El primero de ellos consiste en que la Resolución FG N° 219/15 y la Ley N° 26.485 rechazan explícitamente los modelos que contemplan mediación o negociación y el segundo, en que la mediación, en los casos de violencia doméstica, no es recomendable.
Sentado lo expuesto, corresponde hacer notar, en primer lugar, que la referencia a la Ley N° 26.485 efectuadas por el Fiscal de grado no resulta suficiente en el presente para oponerse a la celebración de una audiencia de mediación, dado que aquélla impide su realización en supuestos de violencia de género y no se ha explicado por qué este caso cumpliría con ese requisito –máxime cuando el representante del Ministerio Público Fiscal, al requerir la elevación a juicio, describió un contexto de violencia doméstica.
Así las cosas, lo cierto es que violencia doméstica y violencia de género no son necesariamente situaciones equiparables. Si bien la primera de ellas es una de las modalidades mediante las que se puede ejercer la violencia de género, para que ello sea así es necesario que primero se cumpla con el requisito esencial de la segunda, esto es, que se trate de un supuesto de discriminación hacia la mujer. Es decir, que se ejerza violencia contra la mujer por el hecho de ser mujer, o cuando la afecte de una forma desproporcionada a como aquélla afectaría a un hombre.
Por lo tanto, la mera referencia a la Ley N° 26.485 no resulta suficiente para negar razonablemente la realización de una mediación si no se argumenta por qué el caso concreto configuraría un supuesto de violencia de género. Sin embargo, lo cierto es que en el presente ese no ha sido el único motivo esgrimido por el representante del Ministerio Público para oponerse al mecanismo establecido por el artículo 204, inciso 2°, del Código Procesal Penal de la Ciudad.
Ello así, de la requisitoria fiscal (sustentada en los informes elaborados por la Oficina de Violencia Doméstica de la CSJN y por la OFAVyT del Ministerio Público Fiscal) surge el estado de vulnerabilidad de la denunciante, su dependencia emocional y la situación de dominio que ejerce sobre ella el imputado. Todo ello, lógicamente, atenta contra la necesaria igualdad de posiciones que debe existir entre las partes para poder llevar adelante un proceso de mediación.

“Incidente de mediación en autos ‘J, L./infr. Art (s). 149 bis CP’”, Cámara de Apelaciones Penal, Contravencional y de Faltas, 07-10-2016

Ver fallo completo

Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

51 comentarios de “Jurisprudencia de la C.A.B.A.: Violencia doméstica – Improcedencia de la mediación del art. 204 del Código Procesal Penal local

  1. I simply want to say I am just newbie to blogging and site-building and truly enjoyed you’re web-site. More than likely I’m going to bookmark your blog post . You really have wonderful writings. Many thanks for revealing your website page.

  2. I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the web will be a lot more useful than ever before.

  3. First off I would like to say wonderful blog! I had a quick question that I’d like to ask if you don’t mind. I was curious to find out how you center yourself and clear your thoughts before writing. I’ve had a difficult time clearing my mind in getting my ideas out there. I truly do take pleasure in writing however it just seems like the first 10 to 15 minutes are generally wasted simply just trying to figure out how to begin. Any suggestions or hints? Many thanks!

  4. Zune and iPod: Optimum human beings examine the Zune to the Contact, however after watching how slim and incredibly small and light-weight it is, I just take it toward be a as an alternative exceptional hybrid that brings together features of each the Contact and the Nano. It’s unbelievably colourful and stunning OLED display is somewhat lesser than the contact screen, but the participant itself feels pretty a bit smaller sized and lighter. It weighs with regards to 2/3 as considerably, and is appreciably smaller sized inside width and top, even though becoming specifically a hair thicker.

  5. If you are nevertheless on the fence: get your beloved earphones, brain down toward a Simplest Acquire and ask in direction of plug them into a Zune then an iPod and view which one seems superior in the direction of on your own, and which interface helps make yourself smile even more. Then you can notice which is instantly for oneself.

  6. May I just say what a comfort to find someone that truly knows what they are talking about over the internet. You actually realize how to bring a problem to light and make it important. More and more people should check this out and understand this side of your story. It’s surprising you aren’t more popular since you most certainly possess the gift.

  7. Thanks for sharing excellent informations. Your website is so cool. I’m impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found simply the info I already searched all over the place and simply couldn’t come across. What a perfect web site.

  8. Wow that was strange. I just wrote an incredibly long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say great blog!

  9. Are you tired of your ac repair in Dubai? Are you looking for Certified Professionals to carry out your ac repair with improved facilities and in an expert way?. Hot and humid conditions are not easy to tolerate, especially when you are not used to them. But, thanks to the air conditioners – living in such extreme settings can also become a pleasant experience, and more so if you are in Dubai.

  10. The refreshing Zune browser is remarkably very good, however not as beneficial as the iPod’s. It is effective perfectly, nevertheless just isn’t as prompt as Safari, and is made up of a clunkier interface. If you sometimes plan upon making use of the internet browser which is not an issue, still if you might be creating toward read the net alot in opposition to your PMP then the iPod’s greater show and far better browser may possibly be necessary.

  11. I savor, cause I discovered just what I was looking for. You’ve ended my four day lengthy hunt! God Bless you man. Have a nice day. Bye

  12. There are certainly fantastic improvements on the structure of your page, I certainly like it! Mine is regarding how to use microsoft excel and currently there are a lot of stuff to do, I’m still a beginner in website design. Be careful!

  13. Concerning me and my spouse we have owned excess MP3 players in excess of the decades than I can depend, which includes Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the past pair years I’ve settled down toward 1 line of players. Why? Considering that I was pleased to investigate how well-designed and exciting in the direction of retain the services of the underappreciated (and broadly mocked) Zunes are.

  14. I’m really interested to discover just what site system you have been using? I’m having a few minor safety problems with our latest blog on bitcoin exchange and I would love to find something much more risk-free. Are there any solutions?

  15. I always go through your articles closely. I am furthermore fascinated by wireless presentation systems, you might talk about this from time to time. Have a nice day.

  16. Admiring the commitment you put into your blog and comprehensive information you display. It is wonderful to discover a website occasionally that is not the similar unwanted rehashed content. Fantastic read! I have bookmarked your blog and I’m adding the RSS feeds to my modern house plans site.

  17. Thank you for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  18. Apple previously consists of Rhapsody as an application, which is a Wonderful commence, however it is currently hampered by means of the incapacity toward retail outlet regionally on your iPod, and is made up of a dismal 64kbps bit value. If this adjustments, then it will considerably negate this usefulness for the Zune, nevertheless the 10 new music for each month will continue to be a huge additionally within just Zune Pass’ choose.

  19. If you’re still on the fence: seize your beloved earphones, head down in the direction of a Least complicated Obtain and check with in the direction of plug them into a Zune then an iPod and look at which one sounds superior in the direction of you, and which interface results in yourself smile excess. Then you are going to comprehend which is right for you.

  20. The Zune concentrates on getting a Moveable Media Player. Not a web browser. Not a video game machine. Maybe in the potential it’ll do even greater within just all those areas, yet for already it is really a very good way toward arrange and listen towards your tunes and flicks, and is without peer in just that respect. The iPod’s pros are its net viewing and applications. If people good far more powerful, potentially it is your perfect preference.

  21. Thank you for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  22. Hands down, Apple’s application retailer wins by a mile. It is a huge choice of all varieties of programs vs a rather unhappy selection of a handful for Zune. Microsoft incorporates Designs, especially in the realm of game titles, nevertheless I’m not positive I’d will need to guess upon the foreseeable future if this part is vital to you. The iPod is a much greater determination in that scenario.

  23. This is turning into a bit more subjective, however I a great deal like the Zune Market place. The interface is colourful, has excess flair, and some interesting functions such as ‘Mixview’ that make it possible for on your own quickly watch comparable albums, music, or other consumers comparable towards what you might be listening toward. Clicking on a single of all those will centre on that products, and yet another established of “neighbors” will arrive into belief, permitting on your own towards navigate in close proximity to studying by way of very similar artists, audio, or consumers. Talking of end users, the Zune “Social” is on top of that Wonderful enjoyment, allowing for you track down many others with shared tastes and getting to be good friends with them. On your own then can pay attention in the direction of a playlist built dependent upon an amalgamation of what all your buddies are listening towards, which is as well interesting. People anxious with privateness will be relieved in the direction of recognize by yourself can steer clear of the public versus seeing your person listening behavior if you therefore select.

  24. Apple at the moment contains Rhapsody as an app, which is a very good commence, nevertheless it is now hampered by way of the lack of ability toward retailer locally on your iPod, and contains a dismal 64kbps little bit cost. If this improvements, then it will relatively negate this comfort for the Zune, nonetheless the 10 songs for each thirty day period will still be a huge furthermore in Zune Pass’ want.

  25. Sorry for the massive research, but I am definitely loving the refreshing Zune, and anticipate this, as properly as the suitable reviews some other people today incorporate prepared, will assistance on your own choose if it truly is the right option for on your own.

  26. This is using a bit further more subjective, nonetheless I much choose the Zune Sector. The interface is colourful, contains more aptitude, and some interesting functions which includes ‘Mixview’ that permit your self out of the blue check out equivalent albums, songs, or other users comparable in the direction of what you happen to be listening in direction of. Clicking upon one particular of individuals will heart on that products, and an additional preset of “neighbors” will come into impression, letting on your own in the direction of navigate close to studying via very similar artists, tunes, or end users. Conversing of customers, the Zune “Social” is on top of that Wonderful entertaining, enabling yourself find others with shared tastes and getting mates with them. Yourself then can pay attention toward a playlist intended based on an amalgamation of what all your good friends are listening in the direction of, which is far too fascinating. Those people fearful with privateness will be relieved toward realize on your own can reduce the community in opposition to observing your unique listening habits if your self so just take.

  27. This is getting a bit even more subjective, nonetheless I a great deal want the Zune Market place. The interface is colorful, incorporates extra flair, and some great attributes including ‘Mixview’ that enable your self quickly look at equivalent albums, tunes, or other people related to what you happen to be listening toward. Clicking upon one particular of those people will middle on that solution, and a further established of “neighbors” will appear into opinion, permitting on your own toward navigate in excess of studying by means of equivalent artists, songs, or people. Chatting of consumers, the Zune “Social” is also superb enjoyable, making it possible for your self track down other people with shared choices and turning out to be friends with them. You then can pay attention to a playlist developed based on an amalgamation of what all your friends are listening in the direction of, which is additionally remarkable. All those anxious with privacy will be relieved to notice yourself can keep away from the general public versus looking at your unique listening habits if yourself thus acquire.

  28. Hello my family member! I want to say that this post is amazing, nice written and include approximately all significant infos. I’d like to see extra posts like this.

  29. Sorry for the huge evaluate, however I am really loving the contemporary Zune, and be expecting this, as properly as the Good critiques some other persons have composed, will aid by yourself make your mind up if it truly is the directly conclusion for by yourself.

  30. Excellent beat ! I would like to apprentice while you amend your web site, how can i subscribe for a blog web site? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear idea

  31. It is really a great and useful piece of information. I’m glad that you simply shared this useful information with us. Please keep us up to date like this. Thank you for sharing.

  32. The fresh new Zune browser is surprisingly beneficial, but not as Terrific as the iPod’s. It operates well, but is just not as instant as Safari, and has a clunkier interface. If you once in a while method upon getting the website browser which is not an issue, but if you’re designing in direction of browse the world wide web alot in opposition to your PMP then the iPod’s greater show and better browser could possibly be critical.

  33. Howdy very cool web site!! Man .. Excellent .. Superb .. I’ll bookmark your blog and take the feeds also…I’m glad to find so many helpful information here within the put up, we need work out extra techniques on this regard, thank you for sharing.

  34. Thank you for the sensible critique. Me and my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such wonderful information being shared freely out there.

  35. Thanks for writing this info, I saved the site. I’m additionally in need of details regarding traffic ticket, are you aware where I could discover a thing such as that? I’ll come back soon!

  36. Good day very nice blog!! Guy .. Excellent .. Superb .. I will bookmark your blog and take the feeds additionally…I am glad to search out a lot of helpful info right here within the publish, we need work out extra strategies in this regard, thank you for sharing.

  37. Hey! This is my very first comment on your site so I simply wanted to give a fast shout out and say I truly enjoy reading through your blog posts. Can you recommend any other sites which cover traffic fines? I’m also highly intrigued by this! Thanks a lot!

  38. Normally I don’t learn post on blogs, however I wish to say that this write-up very compelled me to check out and do it! Your writing taste has been surprised me. Thanks, quite nice post.

  39. Thank you for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!

  40. I simply intend to tell you that I am new to writing and undeniably loved your review. Probably I am inclined to remember your blog post . You literally have superb article information. Admire it for share-out with us your internet article

  41. Thank you for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  42. Good morning there, just turned out to be alert to your blog through Search engines like google, and discovered that it is really educational. I’ll like in the event you maintain such.

  43. I needed to send you a bit of remark to finally thank you so much again for all the remarkable solutions you have discussed on this website. This is certainly unbelievably generous with you to grant openly all most of us could have sold as an e-book to help with making some cash on their own, most notably now that you could possibly have tried it if you wanted. These good tips also acted to be a good way to be certain that other people online have the same dream just as my own to know good deal more regarding this issue. I believe there are millions of more pleasant times in the future for individuals who examine your blog post.

Los comentarios han sido cerrados.