The Consell has authorized the General Advocacy of the Generalitat to exercise popular action in the case related to the murder in Dénia de Elena, a woman of 44 years, victim of sexist violence.
The event, which occurred last October, constitutes a case of gender-based violence, a public-sector problem of general interest that obliges public authorities to act actively in order to achieve the full eradication of ill-treatment. .
Article 36 of Law 9 / 2003, of 2 of April, of the Generalitat, for Equality between Women and Men establishes that the Ministry with powers in matters of women may propose to the Consell de la Generalitat the exercise of popular action, through the General Advocacy of the Generalitat, or of collegiate lawyers, in cases of domestic physical aggressions in which death or serious injury is caused to women residing in the Valencian Community.
The Comprehensive Law against violence against women in the field of the Valencian Community, 7 / 2012 of the Generalitat Valenciana, establishes in its article 58 that the Generalitat will exercise popular action in all criminal proceedings that are followed for crimes of violence against the woman with the result of death, as well as in those cases in which social alarm is generated or serious and disabling injuries occur.
In his case, the Generalitat will always request the deprivation of the parental authority of the alleged aggressor.
Likewise, Law 10 / 2005 of Legal Assistance of the Generalitat provides that it corresponds to the lawyers of the Generalitat integrated into the General Advocacy of the Generalitat, representation and defense in court.
The Consell approved the proposal of Institutional Action of the Department of Equality and Inclusive Policies in the case of murders of women victims of gender violence, in order to join forces and jointly make visible the rejection of acts of gender violence, in those cases in which the death of a woman or of her sons or daughters occurs in the Valencian Community.
This protocol includes, as a general rule, the realization of a repulsion concentration at the door of the Palau de la Generalitat and at the one of each of the consellerias.
