Citas bibligráficas
Caballero, G., Vildoso, C. (2024). La valoración de la prueba en casos de violencia familiar [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/675002
Caballero, G., Vildoso, C. La valoración de la prueba en casos de violencia familiar [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/675002
@misc{renati/419857,
title = "La valoración de la prueba en casos de violencia familiar",
author = "Vildoso Fuentes, Claudia Katheryn",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
The present investigation analyzed Cassation Case No. 4184-2018, in order to determine whether there was an adequate assessment of the evidence presented throughout the process on family violence (physical and psychological abuse), initiated by A. P. B. E. against her former partner, F.D.L.M. In this regard, the Family Court ruled in favor of A. P. B. E., recognizing physical and psychological abuse, however it dismissed the crime of psychological violence towards her daughter. For this reason, A. P. B. E. appealed the sentence before the Superior Court, which declared that there was no physical or psychological abuse, pointing out that the conflicts were merely disagreements between parties. On the other hand, the dismissal of the crime of psychological violence towards his daughter was ratified. Given this, the appellant filed an appeal, which was rejected by the Supreme Court, confirming the ruling of the higher court. However, it should be noted that Judge Ordoñez Alcántara presented his dissenting vote, highlighting a lack of interpretation of objective law. In that sense, according to the doctrine and regulations analyzed, it is concluded that the Supreme Court made an incorrect assessment of the evidence and, consequently, of the objective law, since it was both parents who generated said violence between them, as well as towards the minor indirectly and there is disagreement regarding the physical violence since it is concluded that it did not cause injury but did affect it.
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