El Papel de la víctima en la fase penitenciaria: ¿la intervención de la víctima en la ejecución de la pena contribuye a una mayor victimización secundaria?: análisis del artículo 13 de la Ley 4/2015, de 27 de abril, del Estatuto Jurídico de la Víctima del Delito en España

Abstract

The Law of Legal Status of the Victim of Crime, which entered into force in October 2015, introduces in its article 13 the possibility that the victim may intervene in the execution phase of the sentence by recourse to some acts of the Judge of Penitentiary Surveillance. This novelty is presented as a breakthrough for their rights. The objective of the present work is to determine what the use of this new faculty will suppose for the victim. The results suggest that its application will increase the risk of double victimization because, on the one hand, the right is configured in a very questionable way and ignores the prison reality. And, on the other hand, it does not take into account the main needs of the target group. The data show that victims give more importance to other issues such as improving care, protection and to be listened throughout the process. Therefore, it is also possible to conclude that the inclusion of the new law responds to the vindictive demands of associations of victims against terrorism, making the law lose the restorative possibilities it provides, and making it a further example of punitive populism