5.1.1 When do the police get involved in domestic disputes or legal actions?
According to the law, any person can file a criminal complaint related to violence against a woman in a police station. Furthermore, police can help prosecutors investigating criminal complaints regarding violence against women. The police can also get involved by assisting the judicial authority that orders the provisional measure of the house arrest of the perpetrator, which requires a routine check from police officers.
5.1.2 What circumstances effect law firm involvement?
No circumstances affect the involvement of law firms in police procedures.
5.2.1 Is proof required by any legal means?
Yes. The parties are free to file or request all the evidence that they think can give the judge a better understanding of the situation. The parties have to file or request all the evidence before the special courts for violence against women before the judge starts the first hearing. The law requires the judges to decide cases considering all the evidence filed by both parties (Article 80 of the Act on Women's Right to a Life Free From Violence).
5.2.2 Are there any requirements regarding evidence and documents?
Venezuelan law neither provides guidance regarding the special requirements for the production of evidence nor limits it to certain documents or other kinds of evidence.
5.2.3 Is proof "beyond a reasonable doubt" required?
Neither the Criminal Code nor the Act on Women's Right to a Life Free From Violence require the "proof beyond a reasonable doubt" standard. The Criminal Code and the Act on Women's Right to a Life Free From Violence referred to only requires judges to review all the evidence according to the principles of "good judgment" or sana crítica.
5.3.1 Are affirmative defenses available to the accused?
Yes, the defendant can use all the affirmative defenses available in the Criminal Code. The special law to fight violence against women does not provide a limitation on the affirmative defenses a defendant can assert.
5.3.3 Are false accusations punishable for the victim?
False accusations will be punishable according to the general criminal rules. The Act on Women's Right to a Life Free From Violence does not provide any special guidance regarding false accusations.
5.3.4 How is consent discussed in the law?
Consent is tacitly discussed in the law to determine the crimes of forced sterilization and obstetric violence. The definition of sexual violence provides that the offense be crystalized if the perpetrator, by violence or threats, forces a woman to have unwanted sexual contact.
5.3.5 Is self-defense or insanity a defense?
Yes. Under the Criminal Code, self-defense and insanity are affirmative defenses available to the defendant. There is no special provision regarding this topic for acts of violence against women.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
N/A
5.5.2 Are there criminal penalties?
Yes, some actions have been classified as criminal penalties: psychological violence, harassment or stalking, threats, physical violence, sexual violence, carnal acts with a particularly vulnerable victim, lewd acts, forced prostitution, sexual slavery, sexual harassment, violence in the workplace, patrimonial and economic violence, obstetric violence, forced sterilization, institutional violence, a gender-based public offense, and the trafficking of women, girls and adolescents (Articles 39-52 of the Act on Women's Right to a Life Free From Violence). This includes imprisonment for the perpetrator(s).
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?
The law provides some accessory penalties, which include: (i) civil interdiction during the time of the conviction in the case of prison sentences; (ii) political disqualification for the duration of the sentence; (iii) being under the supervision of the authority by a fifth part of the time of the sentence; (iv) the total deprivation of the right to possess and carry arms, without prejudice to the fact that the profession, office or trade is the police, military or security; and (v) the temporary suspension of or separation from the position or the exercise of the profession, if the offense was committed when exercising their duties or on the occasion of their duties.
It also provides orientation programs for perpetrators of violence against women, aimed at modifying their violent behavior to prevent repeat offending. The form and duration of the sentence will be established in accordance with the limits of the penalty imposed.
Finally, if the penalty to be imposed does not exceed 18 months of imprisonment and the convicted person is not a repeat offender, the court may replace it with community service (tasks of general interest that the person must perform free of charge) for a period that cannot be less than the sanction (Articles 66-68 of the Act on Women's Right to a Life Free From Violence).