The crime of femicide and its trial in Ecuador (Review).

Abstract

With the implementation of the Integrated Organic Criminal Code in Ecuador in 2014, the crime of femicide is typified in article 141, in order to recognize and punish cases of violent death of women motivated by their gender, the power relationship, and misogyny. Since its introduction, an erroneous perception has been thought in society, as its which has led to its being confused with other crimes against life in judicial practice. The majority of cases in which the victim is a woman is classified as femicide, without verifying the objective elements of the type, which causes that the objective or subjective typicity established by law and doctrine is not met. For this situation, the objective is to analyze the application of legal assumptions in the crime of Femicide and its prosecution in Ecuador. A historical-logical, bibliographical study was carried out, through the search for theoretical sources, legal norms, and books related to the subject, using the inductive method with a qualitative approach; concluding that despite the existence of a previous regulation, the lack of application of the budgets, directly violates the principle of legal certainty, distorts the theory of crime and consequently the crime of femicide.