“Even if forgiveness is granted, the criminal action is not extinguished.”
Legal analysis of the domestic violence offense.
In domestic violence cases, the victim’s forgiveness has no extinguishing effect on the criminal action.
The reason is strictly legal:
It is an offense subject to ex-officio prosecution.
This means that the exercise of the criminal action does not depend on the victim’s will, but on the constitutional duty of the Public Prosecutor’s Office to investigate and prosecute offenses.
Legal nature:
Domestic violence protects legal interests of particular significance:
• Physical integrity
• Psychological integrity
• Human dignity
• Integral development of the family
The legislature has determined that these interests transcend the private sphere and belong to the public order.
Therefore, even if the victim expresses reconciliation, retraction, or forgiveness, the Public Prosecutor may continue the investigation and, if applicable, bring criminal charges.
Criminal policy rationale:
Forensic experience demonstrates the existence of cycles of violence characterized by:
• Emotional or financial dependence
• Coercion or intimidation
• Family or social pressure
• Apparent reconciliations
Allowing forgiveness to extinguish the proceedings would create spaces of structural impunity.
However, it must be clarified:
Ex-officio prosecution does not eliminate the defendant’s guarantees.
The following fully apply:
✔️ Presumption of innocence
✔️ Principle of legality
✔️ Due process
✔️ Burden of proof on the Public Prosecutor
An accusation alone is not enough.
A narrative of facts alone is not enough.
A subsequent reconciliation alone is not enough.
Sufficient evidence is required to prove the existence of the offense and probable responsibility.
Legal conclusion:
In domestic violence cases, forgiveness does not extinguish the criminal action because the protected interest is public.
But State intervention does not replace the evidentiary requirement.
Criminal proceedings are not governed by emotions.
They are governed by legality, evidence, and judicial oversight.
