The Femicide, a Specific Type of Crime or an Aggravating Circumstance of the Homicide

A Critical View Regarding Article 141 Ecuador’s Criminal Law

Abstract

The following essay entails the study of femicide and how the felony is perceived according to the Ecuadorian Criminal Code. The present is going to explore the shortcomings that the article 141 has, how it is incompatible with the criminal law principles and the Ecuadorian Constitution and its lack of interpretation and the ambiguity that some of its elements have. At the end, this work is going to analyze the consequences of what was mentioned before bring on, hence demonstrating that this crime should have been written within the crime of homicide as an aggravating. All of this is going to be achieved by doing a detailed observation of the elements that conform femicide as an autonomously classified crime. It is also going to be observed the elements that are shaped by the crime of femicide and homicide to review their compatibility. Finally, it is going to be reviewed cases that show that this kind of mistakes could lead to juridical real consequences.