Criterios que se deben tener en cuenta para la adecuación del tipo penal del feminicidio desde la legislación y la jurisprudencia, 2015 y 2016

Abstract

The criminal type of femicide, as an autonomous crime, was necessary to fill the legal void left with Law 1258 of 2008, in order to determine with greater precision the elements concurrent or that have preceded the death of the woman as circumstance that allows to infer to the existence of the mobile - to kill to a woman by the fact of being woman or for reasons of gender identity -, making flexible the approach of the test in the feminicidio and allowing that in the context it is possible to be evidenced the intention of the Author; and the obligation of the State to act diligently in the protection and prevention of all forms of discrimination against women on the grounds of gender identity and which have been imposed in the Convention of Belém do Pará, the United Nations Declaration on the Elimination of Violence against Women and General Recommendation No. 19 of the Committee to Monitor the Convention on the Elimination of All Forms of Discrimination against Women - CEDAW. In this sense, the purpose of this work is to determine the criteria that should be taken into account for the adequacy of the criminal type of femicide from the legislation and jurisprudence, 2015-2016.