Active subject of the crime of Femicide/Feminicide: a parallel between Colombia and Argentina

Abstract

What is intended with this monograph, beyond helping to elucidate the disagreement that exists in Latin America about the various definitions of the crime of Feminicide/Femicide in Colombia and Argentina, distant countries in territory, shows that the countries unite in favor of the fight against gender violence. Both share perspectives regarding whether this neologism implies that the definition of the criminal type implies that the active subject is indeterminate or, on the contrary, qualified. This discussion has not been peaceful by the theoreticians of the matter. It is for this reason that this writing will bring various definitions that have been presented of the crime of Femicide / Feminicide both from a sociological and legal aspect. Subsequently, the analysis of the objective criminal type of the crime of Femicide / Feminicide that is found in both legislations will be presented. Anticipating a little, we will see the criminal type enshrined in the Colombian Penal Code in article 104A, the reasons for its legislation and why it was necessary to convert it into an autonomous criminal type in this country in the northern cone of the continent and focusing on the indeterminate active subject . We will continue with the analysis of the objective criminal type of the crime of femicide, which is stipulated in the Argentine Penal Code in article 80 and advancing a little to the criticism that will be made at the time, in this southern Latin American country said crime continues to be an aggravating circumstance of the crime of homicide with a peculiarity: that the active subject does have a quality which indicates "for a man". In the same way, the reasons that led the Argentine legislators to consecrate this aggravating circumstance will also be addressed. Finally, it will be analyzed in accordance with the various theories on the matter, if the active subject must be indeterminate or, on the contrary, must have a qualification.