This paper presents an analysis, in the field of exonerating factors of criminal liability, of the case of the battered wife who kills her aggressor in the context of domestic violence. The focus of the dogmatic discussion falls on the defenselessness of the battering husband at the time of the attack. This study begins with an analysis of the family as a source of danger, in relation to the postulates of the battered woman syndrome and coercive control theories, as defense arguments in comparative doctrine. Subsequently, it reflects on the answers that criminal dogmatics has given to this problem in cases of non-confrontational aggression. Finally, an argumentative proposal in favor of a preventive defensive state of necessity is presented.
|Translated title of the contribution
|APROXIMACIÓN A LA DEFENSA PREVENTIVA EN EL CASO DEL TIRANO FAMILIAR: ¿NECESITAMOS UNA TEORÍA DEL CONTROL COERCITIVO?
|Number of pages
|Ius et Praxis
|Published - Aug 2022
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- Domestic violence