Probation in cases of gender violence: Effectiveness or impunity?

Abstract

This work will delve into whether the criminal activity of the State -in terms of trial and sentence – is appropriate for all acts of sexist violence against women, or if, in certain cases considered mild, it is appropriate to opt for other mechanisms that manage conflict more effectively. In the first place, special emphasis will be placed on the existing debate at the international level on the application of the “probation” in cases of gender violence and, in particular, the state of the situation in the Argentine Republic at the hands of the Góngora ruling of the Supreme Court of Justice. In a second section, the analysis carried out on seven judicial files crossed by sexist violence will be presented –under the jurisdiction of the Guarantee Court No. 5 of the city of Mar del Plata, Province of Buenos Aires – and in which it was determined to apply a suspension of trial.

Keywords

• Sexist violence
• probation
• conflict management
• effectiveness