Criterios para la identificación de la conducta punible de feminicidio de acuerdo a la ley 1761 de 2015

Abstract

With violence comes the crime of femicide, which is very different from homicide. According to the Constitutional Court in sentence C-297 of June 2016 by the reporting judge Dr. Gloria Stella Ortiz Delgado, it determined that literal e of partial article 2 of law 1761 of 2015 was enforceable, understanding that gender violence is a circumstance that establishes the subjective element of the criminal type of femicide: the intention to kill for the fact of being a woman or for reasons of gender identity. Law 1762 of July 6, 2015 arises as a response to the national government to the social problem of violence against women that has repeatedly occurred in the country. It was named "Rosa Elvira Cely's Law", in the name of a woman who was brutally raped, impaled and murdered in 2012 in the city of Bogotá, a case that had an impact on the media and from which, on the initiative of Congress, feminicide arises as an autonomous penal type in the Colombian penal code. In accordance with the above, the purpose of this paper is to determine whether the criminal policy of the Colombian state in protecting women through the autonomous crime of femicide is effective. The work presented is composed of 4 chapters, which begins with a brief historical review of the problem, the foundations of our investigative questioning, the state of the art and shows a descriptive analysis of the application of the law on femicide in the sentences 41001-60-00-716-2017-02730-02. Edgar Alexander Calderón Algarra and the sentence rad. 11001-600000-28-2016-0377. Rafael Manuel Uribe Noguera; the last chapter begins with a presentation of views on the application of this law in Colombia.