Family members are at the center of liability for acts of domestic violence. Among them, the easiest to identify and define is the spouse, the person connected to the perpetrator through marriage. However, legal doctrine has not thoroughly examined the effects that the invalidity of marriage might have on the defining elements set out in article 199 of the Criminal Code. Therefore, this paper will analyze, from the perspective of criminal liability for the offense of domestic violence, the cases of marriage annulment, and finally, will indicate how these can be invoked in criminal proceedings.
