RELIGACIÓN

Yazarlar: ["Patricio Femando Sarabia Castro", "María Susana Ciruzi"]

Konular:-

DOI:10.46652/rgn.v7i34.985

Anahtar Kelimeler:Criminal law,Gender,Murder,Woman.

Özet: In the present work, we analyze the criminal type of femicide which is incorporated in the Comprehensive Organic Criminal Code (COIP) since 2014, as well as its constituent elements, specifically, the legal description was considered as an essential element for the commission of a crime to exist. Likewise, in this work it was determined that there are errors that include the criminal legal description already mentioned, as there is a great evidentiary difficulty now of having full certainty about whether the taking of a woman's life has been determined by her gender condition. In this way, a qualitative methodological approach was used, encompassing a doctrinal and jurisprudential analysis of the probative and typical difficulties of the crime mentioned above. Regarding the methods used in the present work, the historical-logical method was highlighted, with which the origin and evolution of this criminal behavior was analyzed. The comparative method, with which the legal reality of other countries around this topic was observed, and finally the dogmatic method, with which a proper theoretical foundation was made regarding the crime of femicide. Thus, concluding that the crime of femicide has errors at the legal description level, which have created legal uncertainty, regarding the configuration -or not- of the crime, removing the necessary certainty that is required for the application of the ius puniendi.

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