La expansión del delito de violencia de género a través del elemento subjetivo del injusto La incidencia de la jurisprudencia del Tribunal Supremo español en relación con su aceptación

Abstract

The delimitation of the application of art. 153.1 pc relating to so-called Gender Violence, had revolved not only with regard to the sex of the perpetrators and victims, but also in relation to the need for the appreciation of an element or a plus of devalue that would allow restricting the recourse to it. However, since Supreme Court Sentence no. 677/2018, of 20 December, there has been a jurisprudential evolution based on the elimination of the requirement to prove the existence of the intention to dominate in the specific case with regard to the crimes of art. 153.1 pc; this irremediably leads to an automatic application based exclusively on the biological element and implies the violation of the principles of equality, culpability and presumption of innocence, by sustaining a presumption that is contrary to the reo. All of these aspects will be referred to in this paper, with the aim of offering parameters for interpreting the precept that do not harm the aforementioned principles.