The Courts of Violence against Women will assume jurisdiction in matters of sexual violence and free justice is guaranteed for women and minors who are victims of crimes against sexual freedom.
The Official State Gazette has published the approval of the Organic Law on Measures for the Efficiency of the Public Justice Service, which will mean advances in the care of victims of sexual violence. The law ensures that access to justice involves the consolidation of rights and guarantees for victims of sexual violence. To this end, it adapts the structures of the justice system.
The Law modifies the regulation of the Courts for Violence against Women and free legal aid for victims of sexual violence, in compliance with the provisions of Organic Law 10/2022, of 6 September, on the comprehensive guarantee of sexual freedom.
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BOE publishes the Organic Law on the Efficiency of the Public Justice Service to advance against sexual violence
Thus, the regulation establishes that the Courts for Violence against Women will assume jurisdiction in matters of sexual violence. Using the modification of the Organic Law of the Judiciary and the Law of Criminal Procedure, the sections for violence against women will be given jurisdiction over the investigation of proceedings to demand criminal liability for the crimes against sexual freedom foreseen in Title VIII of Book II of the Criminal Code, for the crimes of female genital mutilation, forced marriage and harassment with a sexual connotation, when the person is a woman.
Furthermore, if the facts subject to investigation by the Section for Violence against Children and Adolescents could also be heard by the Section for Violence against Women, the latter will have jurisdiction.
The right to free legal aid is also recognised for women and minors who are victims of the crimes against sexual freedom foreseen in Title VIII of Book II of the Penal Code, and of the crimes of female genital mutilation, forced marriage and harassment with a sexual connotation.
On the other hand, with the modification of the Organic Statute of the Public Prosecutor’s Office, the competence to coordinate the criteria for action of the different Public Prosecutor’s Offices in matters of gender violence and sexual violence is attributed to the Public Prosecutor’s Office.
Finally, the Organic Law regulating the criminal responsibility of minors is modified, so that in the case of victims of gender violence, sexual violence, human trafficking or when they are minors or disabled victims, they can intervene from the places where they are, receiving assistance, care, advice or protection.
Workers’ Statute
On the other hand, the Organic Law on the Efficiency of the Public Justice Service incorporates the modification of the Workers’ Statute to recover the text amended by the Parity Law with regard to the dismissal of workers who have adapted their working hours or who enjoy the five-day leave for the hospitalisation of family members. The amendment affected certain procedural aspects to combat these dismissals, which have always been considered null and void.