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THE DESCRIPTIVE ELEMENT COHABITATION, IN RELATION TO THE FAMILY NUCLEUS IN MATTERS OF DOMESTIC VIOLENCE

Abstract:

In a constitutional state it is necessary to have clear regulations that respect the principle of legality, in the context of domestic violence there is a term called cohabitation which does not comply with the requirement of strictness when talking about the family nucleus, since this terminology causes a super inclusion of conducts and ends up trapping facts that the norm teleologically does not want to protect. The methods used in this research were deductive and inductive. As a result, when a trial lawyer has to make defenses in a domestic violence trial, he can request the exclusion of acts that are criminally relevant and that are not treated in an area of domestic violence and in this way this work contributes so that the readers form their criteria in the importance of knowing that the criminal types have a certain structure and that the facts must fit not only according to the text but also in an area of the purpose of the norm.