Bibliographic citations
Huamán, K., (2023). La prohibición de reducción de pena por terminación anticipada en el delito de feminicidio y el principio constitucional de igualdad [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11991
Huamán, K., La prohibición de reducción de pena por terminación anticipada en el delito de feminicidio y el principio constitucional de igualdad [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11991
@mastersthesis{renati/377963,
title = "La prohibición de reducción de pena por terminación anticipada en el delito de feminicidio y el principio constitucional de igualdad",
author = "Huamán Lozano, Kelli Stefany",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The current research is developed with the objective of establishing how the prohibition of reduction of the criminal judgment for early ending in the crime of femicide, observed in the article 471 of the Criminal Procedure Code, affects the constitutional principle of equality. In the chapter one of the theoretical framework, everything was carried out related to the objective and the subjective typicity of the crime of femicide, the types of femicide, its regulation in other foreign legal systems, as well as the similarities and the differences with the Peruvian legal system In chapter two of the theoretical framework, it was analyzed everything related to the early ending process, its legal nature, its characteristics, its scope of enforcement, its procedural opportunity, its benefits and restrictions; as well as more details about the Legislative Act N° 1382 regarding to the prohibition of the narrowing of the criminal sentence for early ending in the crime of femicide. In chapter three of the theoretical framework, everything related to the national and international doctrine regarding about the gender in the criminal law was analyzed and developed. As it will be explained, this is a new criminal political trend accepted in most countries which has an individual connotation that is to prefer the protection of certain legal rights of women above the rest, punishing the man with more serious legal punishments, being one of the main crime focused by this trend, the femicide. The fourth and last chapter, we discuss the constitutional principle of equality, its origin and meaning, its characteristics, its development in court sentences in both national and international level. As it will be explained, the prohibition to narrow the criminal sentence for early ending in the crime of femicide affects the principle of procedural equality because it is not supported by the factor of the reasonableness but only by the only condition of the victim in the criminal process. Through the development of specific objectives, the analysis of the jurisprudence of the Supreme Court obtained as samples, obtained interviews with jurists specialized ix in Criminal Procedure Law and Constitutional Procedure Law and a broad of theoretical framework; it has been possible to answer to the general objective set out in the current study. As a recommendation, it is proposed to urge the justice system to provide the necessary guarantees in the process for the crime of femicide in order to let the people involved be part of the process with the same procedural rights, without establishing any differentiation based on the gender. In addition, a change into the article 471 of the Criminal Procedure Code is proposed in order to make it compatible with the principle of procedural equality
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