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Test Legal Framework: Distinctions and Obligations
Agenda
1st QUESTION: What is the fundamental technical difference between Domestic Violence and Gender Violence?
Domestic violence is exercised only against children
Gender violence recognizes structural inequality and requires specialized courts
There is no difference, they are legal synonyms
Gender Violence is a private matter
2nd QUESTION: What does it mean that domestic violence is a "crime that can be prosecuted but not dismissed"?
That the victim can withdraw the complaint whenever she wants to
The State must continue the investigation ex officio even if the victim forgives the aggressor
That it is only prosecuted if there is a private attorney
That the statute of limitations expires after two months
3rd QUESTION: Who are the "legal obligors" with a statutory duty to report?
Only the police
Only immediate family members
Doctors, teachers and social workers in the exercise of their duties
The aggressor's neighbors
4th QUESTION: What are the consequences for a professional who fails to comply with the duty to report?
A light administrative fine
A simple reprimand
A commendation for respecting privacy
A possible criminal offense of concealment or breach of duty
QUESTION 5: What specifically defines Domestic Violence in contrast to Gender Violence?
Generally refers to aggression within the family nucleus (children, elderly, etc.)
Refers only to violence against women
Refers to crimes outside the home
It refers to labor disputes
6th QUESTION: Why is the confusion between jurisdictions (family vs. criminal) in these cases dangerous?
Because it accelerates proceedings too much
Because it can delay the adoption of urgent measures and put the victim at risk due to formal defects
Because judges get angry
Because it is more expensive for the State
7th QUESTION: What ethical dilemma does the professional face when reporting without the consent of the adult victim?
The increase in salary
The possible increased risk of retaliation against the victim if there is no immediate protection
Waste of time in court
Criticism from peers
8th QUESTION: What is the legal framework prioritizing professional confidentiality in situations of risk?
The right to absolute medical confidentiality
Reputation of the aggressor
Protection of life and limb
Saving procedural resources
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