Feminicidio y justicia en Colombia: análisis de la política criminal y la protección de la mujer

Abstract

The present research allows a comprehensive approach to be made against the proposal of femicide as an autonomous type of punishable conduct whose initial objective corresponds to the need to provide greater protection for interests, legally protected rights and property of women given the constant cases of violence against their population. Addressing the conditions necessary for their existence, taking into consideration the intention of the perpetrator to cause harm to another person under the premise of being due to his status as a woman. Thus, it is imperative to provide a review of the background that led to its typification, the debates that arose on the occasion of the legal risks that could generate, the creation of the Ley Rosa Elvira Cely as a response to the struggle for its protection, the review of the figures issued by the Ombudsman and/or agencies dedicated to the review of crimes in Colombia and the percentage of efficiency that Femicide has when it comes to inhibit any type of aggression that results in the loss of life in the population to be safeguarded. Therefore, by looking at the femicide perspective, we try to understand that it is not just another criminal type, considering the theory of the final action of the perpetrator of the crime, considering what is the objective and intention of the active subject in question, the legally protected property that is in danger and what is understood as a woman’s status to consider its application. In this context, the present report deals with the provisions of the Criminal Code made by the legislator, updated figures and the analysis that results from them.