Article
Spanish
ID: <
oai:doaj.org/article:852d650dde47450b9082f87d0cbbae0d>
Abstract
La Legislation applicable to gender-based violence, in Córdoba (Argentina), conceives criminal proceedings as an area of assessment, in which the word of the female victim acquires pesosufficient weight to be decisive in important judicial acts or measures and where various constitutional rights and guarantees come into play. In this regard, there are two arguments that make it possible to interpret the concept of threats provided for in the first paragraph of Article 149a of the Criminal Code of the Nation, in the event that a woman announces him to a man: ‘I’m going to take the prisoner’: (a) restricted: it implies excessive formal rigour, which rules out criminality solely on the ground that the woman is not the person in the labour force that allows prison to be handed down; (b) extensive: the importance of the situational context and the position of the average man is increased, as factors affecting it.