The PSOE proposes that victims of sexual violence testify by videoconference from assistance centers

He also plans to use the municipal justice offices for these telematic statements and thus prevent them from going to court

MADRID, 2 Oct. (EUROPA PRESS) -

The PSOE has proposed in Congress a modification of the Criminal Procedure Law (LeCrim) to make it easier for victims of sexual violence, gender violence or trafficking to testify by videoconference without having to go to court, and for this they propose that these telematic declarations are made from the municipal Justice office that corresponds to them or even at the headquarters of the centers where they provide assistance.

The legal change is included in an amendment registered by the Socialist Group in Congress to the draft organic law on organizational efficiency of the Justice public service, which, together with the draft law on procedural efficiency and the law on digital efficiency, constitutes the basis Legislation of the Justice 2030 plan, defended by the Ministry led by Pilar Llop.

The statement by videoconference is provided for in the Victim's Statute, but it can only be done in the court premises. In its amendment, to which Europa Press had access, the PSOE proposes to introduce a new article 137 bis in the LeCrim, in which judicial proceedings are regulated through the videoconference system, in order to introduce in its third section that victims of sexual violence, gender violence or trafficking, as well as people with disabilities "may intervene from the places where they are officially receiving assistance, care, advice and protection, or from any other place if the judge deems it appropriate" .

As the Socialists have specified, this procedure may be carried out "provided" that "sufficient means" are available to ensure the identity and the appropriate conditions of the intervention in accordance with what is determined by regulation.

This amendment would complete the proposed modification regarding article 439 quater of the Organic Law of the Judiciary, which provides for the practice of procedural acts by videoconference as a new service of the municipal offices of Justice.

From the parliamentary group they have stressed that the use of said means of videoconference must be requested "sufficiently in advance", ten days before the declaration, and that it can be applied not only in cases before the judge in the municipal offices of Justice, but also also before the lawyers of the Administration of Justice.

Last August, the prosecutor of the Delegated Chamber for Violence against Women, Teresa Peramato, advocated carrying out a legal reform that would allow victims of sexual assault to only have to testify during the investigation phase, thus saving them the "ordeal" of the process and attending the oral trial, something that some women prefer to avoid and that can sometimes lead them to come to terms with the aggressor. Although this amendment does not consider the scope suggested by Peramato, it is proposed that the victims do not have to appear in person before the judicial authority.

Within the framework of the amendment, the PSOE has pointed out that "when the declaring person is a minor, the declaration by videoconference can only be made from a judicial office."

The same applies to "professionals, as well as the parties, experts and witnesses who must intervene in any action by videoconference." They must appear before the judicial office corresponding to the judicial district of their domicile or place of work. In the case of having adequate means, said intervention can also be carried out from the Justice Office in the municipality of your home or place of work.

On the sidelines, the PSOE has proposed -- in another of its amendments -- to modify article 229 of the Organic Law of the Judiciary so that the identity of the people who intervene through the videoconference can be accredited by means of electronic identification. and electronic signature that are determined by the law that regulates the use of technologies in the Administration of Justice, respecting the provisions of the procedural laws.

In this sense, the Socialists have advocated providing material and instrumental means to the municipal offices of Justice to be able to carry out said action. In his opinion, this modification is "essential" so that the current regulations "adapt to the new digital and organizational reality".