La dispensa a declarar y las víctimas violencia de género: los efectos de la reforma del artículo 416 de la ley de enjuiciamiento criminal
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The application of the exemption from the duty to testify in proceedings for violence
against women has generated certain controversy over the years. The main reason for this
controversy is the frequent lack of evidence in these types of cases, which results in much
of the burden of the proceedings falling on the victim. However, despite the significant
role they play, it is common for women to invoke their right not to testify, and
consequently, the proceedings end up being dismissed or the accused acquitted. In an
attempt to alleviate this situation, the legislature amends article 416.1 of the Criminal
Procedure Law through Law 8/2021, excluding those family witnesses who appear as
private prosecution from the scope of the exemption from testifying. This project seeks
to analyse the possible effects of this legislative reform by examining the data reflected
in the Annual Reports on Violence against Women, the different victimization surveys
conducted, and the data provided by the National Statistics Institute (INE), as well as by
conducting a qualitative exploratory study based on interviews with professionals
involved in victim support. The dataset allows us to conclude that there have been no
major changes in any of the variables studied