La desproporcionalidad de la pena en el delito de infanticidio

Murder is a criminal act, because a person causes the death of another, carried out unlawfully and with violence on the person, be that as a fact of killing without any aggravating, because from that point the homicide becomes murder, as in the case of killing the mother to her newborn child, that his intention is not manslaughter but infanticide that because deserves a sanction superior to the ones for the crime of murder. Infanticide is a crime of murder, because there is the intention of killing a child because of hiding the honor of the mother in society, listed it as the crime victim is a child, from his conception, which the fact that people say and consider people to slander that is most depressing and useless to his family and society. At the time of killing a child should be checked the mother's psychological state, because if there is any metal disturbance, the fact would be unimpeachable, but if it is found, the honor of the mother should be tried and punished for the crime infanticide. Infanticide in the Code of Criminal Integral is not defined and punished as such, making it punishable as homicide, ranging from thirteen years, which is disproportionate to the intention of killing a newborn child. When a mother kills her child because of hiding their shame, it is making will and conscience, his intention is to hide what people say, because to conceive a child, but there is fraud in that unlawful act, so there is not the reduction in sentence, requiring that this provision be repealed for lack of legal basis, concealment of dishonor of the mother. That is why it should be criminalized and punished the crime of infanticide in the Code of Integral Penal, and be punished with the highest penalty that murder, because in between is the life of a being, which violates the right to equality before the law, stated in Art. 11, paragraph 2 of the Constitution of the Republic of Ecuador that it shows that the State shall take affirmative action measures that promote real equality in favor of rights holders that are in situations of inequality; as stated in Art. 66 paragraph 4 of the same constitutional provision expressing the right to formal equality, material equality and non-discrimination

• Main Author: Rodríguez Parra, Zoila Rosa (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: INFANTICIDIO; LA PENA; PROPORCONALIDAD; RESPONSABILIDAD PENAL
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/8345