Proposal to specialize judges handling violence against women cases

Automatic summary, not yet reviewed

1. The bill would make the judge positions in violence against women sections of the trial courts be considered criminal in nature and be filled by whoever proves specialization through tests set by the General Council of the Judiciary. Otherwise, they would go to those with the most service in these bodies in the previous five years.
2. It would also make magistrate positions in the specialized violence against women sections of the provincial courts be filled by whoever proves specialization or, failing that, by those with the most service in these bodies in the previous ten years.
3. It would remove these courts' authority to investigate the crime of breaching a sentence or protective measure when the victim is the spouse or partner, and would delete the provision covering other related crimes.
4. It would delay the entry into force of the transfer of sexual violence powers to the violence against women courts set out in the law on the efficiency of the public justice service.
5. The General Council of the Judiciary would have to approve the rules for the specialization tests within three months, and the Government would have to increase the violence against women sections and provide funding and positions for specialized judges.
6. Within three months of entry into force, the General Council of the Judiciary would hold a specialized course on the forms of violence against women, and the Government would promote similar training for prosecutors.

Who it affects

• Judges and magistrates seeking positions in violence against women sections: They would need to prove specialization through tests or have prior experience in these bodies to get the position.
• Women victims of gender-based violence: The goal is for their cases to be handled by specialized courts.
• General Council of the Judiciary (Consejo General del Poder Judicial): It would have to develop the rules for the specialization tests and hold training courses.
• The Government: It would have to increase the specialized sections, provide funding, and promote training for prosecutors.

Words worth knowing

Tribunales de instancia

Trial courts, the courts that decide a case the first time it is heard.

Audiencias provinciales

Provincial courts that review, among other things, decisions made by trial courts.

Quebrantamiento

The crime of breaching a sentence, precautionary measure, or security measure imposed by a court.

Consejo General del Poder Judicial

The body that governs the courts and judges of Spain.

Ley orgánica

A special type of Spanish law, with stricter approval requirements, covering major matters such as the organization of the judiciary.

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