Bibliographic citations
Marti, S., (2020). El estado de emoción violenta como circunstancia de atenuación para el delito de feminicidio (propuesta legislativa) [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/3765
Marti, S., El estado de emoción violenta como circunstancia de atenuación para el delito de feminicidio (propuesta legislativa) [Tesis]. PE: Universidad Andina del Cusco; 2020. https://hdl.handle.net/20.500.12557/3765
@misc{renati/18265,
title = "El estado de emoción violenta como circunstancia de atenuación para el delito de feminicidio (propuesta legislativa)",
author = "Marti Campoy, Sergi",
publisher = "Universidad Andina del Cusco",
year = "2020"
}
The present thesis is a qualitative research in which the categories of crime of femicide, the circumstance of violent emotion as mitigation and the principle of equality are analyzed. Emphasis is placed on the problems that exist with the regulation of article 109 of the CP, where femicide is not incorporated as an attenuated crime, with this way of regulating acts punishable by the substantive legal order, it is noted that the principle-right to equality is affected. In Chapter I, he understands the problem and the methodological aspects of the study that is addressed in the work, the main objective being to analyze the affectation of the principle of equality since the state of violent emotion for the crime of femicide has not been considered as a mitigating circumstance and propose a legal alternative to overcome said affectation. In Chapter II, the background of other researchers is developed, the theoretical framework, categories of studies that it addresses: origins, definition, types, modalities and circumstances of mitigation and aggravation of the crime of feminicide, as well as the crime mitigated by violent emotion and the principle of equality. In Chapter III, it deals with the results and analysis of the findings of the present investigation. Finally, we reach the conclusions that arrive in which it has been verified in the results of the present investigation that the crime of femicide, being regulated as an autonomous criminal type, does not include a circumstance of attenuation due to violent emotion in article 109 of the penal code, with This form of regulating punishable acts affects the principle-right of equality, for which
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