“ANÁLISIS DEL ARTÍCULO 157 DEL CÓDIGO ORGÁNICO INTEGRAL PENAL EN RELACIÓN A LA VIOLENCIA PSICOLÓGICA Y SU DERECHO COMPARADO”

Abstract

The present research work carries out a study and analysis of article 157 of the Integral Penal Organic Code referring to psychological violence, its gradualness in the scale of affectation, its judgment and its right compared with the Colombian and Nicaraguan legislation in order to establish a comparison in procedure and judgment of this crime. Violence in the family environment and especially against women is one of the latent problems in society; In Ecuador, the issuance of the COIP marks a milestone in criminal legislation regarding violence against women and the family, so that Article 157, apart from defining the criminal type of psychological violence, considers a gradual scale of psychological damage: mild, moderate and severe damage; article that is subsequently reformed by the Organic Law to Prevent and Eradicate Violence against Women, modifying the scale and establishing it by affectation or not of a mental illness or disorder. This scale allows the judge to establish a gradual penalty with the help of expert experts who establish the level of psychic disorder caused to the victim by the aggressor.