Análisis de la figura de los preacuerdos en el tipo penal de feminicidio

Abstract

The accelerated growth of femicide cases in Colombia with different schemes, conditions and factors have encouraged the author of this research process, to analyze the feasibility of applying the Figure of pre-agreements in the criminal type of femicide, despite the prohibition of Article 5 of Law 1761 of 2015 which is focused on the refusal to enter into pre-agreements in this criminal type on the facts charged and their consequences. In the exposed relationship, it is of great interest to analyze whether a pre-agreement that does not modify the factual aspect and its consequences in the crime of femicide can be applied. To this end, the first chapter will analyze the continuum of extreme violence of which women have been victims for the simple fact of being women for a long time. In this sense, we will review the distinction between sex and gender, the gender stereotypes that have generated so much violence, and then analyze gender violence against women. The first subchapter will also analyze the cognitive configuration of femicide as extreme violence against women as well as the types of femicide and the need to criminalize this crime in Latin America. In relation to subchapter two, a legislative review will be made both at the national and international level in relation to the obligations of the States regarding the protection of women, in order to analyze the reasons that the legislator had for creating the criminal offense of femicide as an autonomous crime of homicide. After analyzing the above-mentioned issues, the second chapter will analyze the origin of the figure of pre-agreements in Colombia, for which purpose a brief study of the accusatory system of the United States will be made, The purpose of this study is to establish the reasons why the Colombian State saw the need to implement by means of legislative decree 03 of 2002 the alternative exits within the criminal process in order to have a quick and effective justice. In addition to the above, the purposes and nature of pre-agreements will be established in order to determine the modalities and types of pre-agreements in the Colombian criminal system. In accordance with the above guidelines, the third chapter seeks to determine whether a pre-agreement can be applied to the crime of femicide that does not modify the factual aspect and its consequences.