Sujeto activo del delito de Femicidio/Feminicidio: un paralelo entre Colombia y Argentina
What is intended with this article, beyond helping to elucidate the disagreement that exists in Latin America about the various definitions of the crime of feminicide/femicide in Colombia and Argentina, distant in territory, shows that the countries unite in favor of the fight against gender violenc...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8666456 |
| Source: | Inciso, ISSN 1794-1598, Vol. 24, Nº. 1, 2022 |
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| Summary: |
What is intended with this article, beyond helping to elucidate the disagreement that exists in Latin America about the various definitions of the crime of feminicide/femicide in Colombia and Argentina, distant in territory, shows that the countries unite in favor of the fight against gender violence. Both share perspectives regarding whether this neologism implies that the definition of the criminal type implies that the active subject is indeterminate, on the contrary, qualified. This discussion has not been peaceful by theorists of the matter. It is for this reason that this document will bring various definitions that have been presented of the crime of femicide/feminicide both from a sociological and legal aspect. Subsequently, the analysis of the objective criminal type of the cited crime that is found in both legislations will be presented. Anticipating a little, we will see the criminal type enshrined in the Colombian Penal Code in article 104. We will continue with the analysis of the objective criminal type of the crime of femicide, which is stipulated in the Argentine Penal Code in article 80, this crime continues to be an aggravating circumstance of homicide with a particularity: that the active subject does have a quality the which indicates “by a man”. In the same way, the reasons that led the Argentine legislators to consecrate this aggravating circumstance will be addressed. Finally, it will be analyzed in accordance with the various theories on the matter, if the active subject must be indeterminate or, on the contrary, must have a qualification. |
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