Medios de asistencia y ayuda a las víctimas del delito en el ordenamiento españolun nuevo enfoque de la victimología desde la perspectiva de la política social

Abstract

This thesis tries to analize the means and systems built in the last decades in order to protect and help crime victims in Spain. To do so, this thesis studies the victim conceptualization as a social subject with rights and as a target for specialized care, and also explains the legislation and instruments implemented by the Social Policy to prevent and treat the crime consecuences. The documentation of this investigation focuses on the following priority areas of action: victims of sexual and violents crimes, domestic violence victims, road safety victims, terrorism victims, discrimination in the workplace victims, and witnesses victims. The contributions of this thesis are guided in a double direction: first, the analysis of victimology priority problems as a result of particular felonies in our society, and second, to guide future action patterns from the Social Policy in this matter. This thesis is a descriptive research, a documental study to collect, classify, recovery and expose each results with primary and secundary information. Its three main objectives are: a) compilation and systematization of existing information in a descriptive study on victims of crime in Spain and systems and assitance in this matter, b) analyze with descriptive way the information, including a justification of the purpose and definition of research. In addition, this thesys defines the object of study and his generalities; and c) make some proposals to social action based on previous researches and literatura review. These are principals results: crime is inherent in the society and is an unfortunate interaction between ofender and victim. Social Policy provides a systems to statal protection to solve social problems of the crime. The statal solutions are: prevention and procesal rights as free legal assistance, fast judgments and penal mediation. In Spain there are differents systems to assitence and security of certain victims, for example in the home area: to childs, there are several laws to prevent homelessness; b) to women there is Law 1/2004 on 28th December; and c) To older people: the main helpers come to promote their autonomy and independence, (Law 39/2006 on 14th December, to the Promotion of Personal Autonomy and Care for people in situations of dependency). For terrorism Law 29/2011, on 22th September, Recognition and Integral Protection of Victims of Terrorism. For victims of crimes of traffic safety and allusions to the Penal Code, like the rest of typologies, these victims have no specific law so it relies on the generic framework of Law 35/1995. For crimes that occurred in the workplace are among the other legislation under the Law 42/1997, on November 14, Ordaining Inspectorate of Labour and Social Security. Witnesses have the Organic Law 19/1994 on 23 December, on the protection of witnesses and experts in criminal cases.