La Tipificación y Sanción del Delito de Femicidio con el de Homicidio, Aplicando el Principio de Igualdad ante la Ley

Criminal legal standard before the issuance of the new Code of Criminal Integral, was the crime of murder, in which it was determined that the legally protected for men and women is legally life. Ecuadorian justice administration did likewise. However, the inclusion of femicide in the Code of Integral Criminal caused infringement on the rights of the accused for the disproportionate penalty, the special type unnecessary extreme protection and involvement to commit the crime subject, which generated controversy, distrust and series of unfair judgments, and impeding the administration of justice. To make urgent changes necessary to reform Ecuador's criminal law and the administration of justice for allegedly effective Code, they emerged from the unification and inclusion of new laws, new problems that affect society. The judge, the prosecutor and the private prosecution currently have direct impact on the criminal proceedings, according to the crime committed, the penal system has not allowed to exercise better the right to social justice, specifically in relation to crimes against life in our case femicide, that being committed, leaving gaps abysmal referring to the gender of the victim and punishment for typing. I encouraged this thesis, as the Organic Code of Criminal Integral Arts. 141y 146 establishes two offenses and different penalties for the 5 commission of an identical and unique offense, I think it's unconstitutional, inconsistent and inadmissible as a result of the inclusion of the crime of femicide in the new Code Integral Penal, it is preying against the principle of equality and the time to judge the crime of femicide defendants are likely to get a greater punishment than that stipulated in the killing, thus denying them a process attached to law, equality before the law that we have all Humans. I believe that there should be a single definition and punishment because the offense is the same, this is violating the legal right of life without aggravating circumstances determined by law, to ensure the rights and comply with the requirements of the standard constitutional therefore I propose an amendment to the Code of Criminal Integral aimed at the defense and equal subjects processed. We try to contribute to this issue so that equality before the law in the administration of justice is real and not remain a dead or simple letter and mere statements, this contribution we believe will be decisive for the immediate application in the development of the judicial process penal

• 第一著者: Agreda Hidalgo, Estefany Cecibel (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2017
• 主題: DERECHO; TIPIFICACIÓN; FEMICIDIO; HOMICIDIO
• オンライン･アクセス: http://dspace.unl.edu.ec/jspui/handle/123456789/19707