VICTIMS OF GENDER-BASED VIOLENCE AND THEIR RIGHT NOT TO TESTIFY

Abstract

Th e right not to testify against certain persons, referred to in Article 416 of the Spanish Criminal Procedure Act, has gained prominence in recent years due to the increasing number of prosecutions for crimes of gender-based violence, dramatically hampering a conviction when taken up by the victim. Th is article analyses the problems that arise in relation to diff erent procedural aspects, such as the need or not to inform the victim-witness of the right not to testify, the probative value of statements given in the pre-trial stage, the possible reading of pre-trial proceedings in the trial, hearsay witnesses and the use of videoconferencing.