Feminicide as a crime
Introduction
In the following research we want to publicize social legal strategies to reduce the increase in femicide found in Peru. The plenary agreement N.º 001-2016/CJ-116, with respect to the guardian legal good, points out the following: The doctrine is to answer that the legal good protected in homicide, in any of its forms, is human life. Feminicide cannot be the exception.
Unfortunately, the Peruvian State is not aware of the problem with respect to the issue of femicide that arises in its society, since they see it as if it were a crime more of the day to day and do not take interest to the case, which this doesthat many murders, homicides, etc. In this research more than anything they want to seek one so that these types of cases are not repeated and femicide is reduced. Feminicide is a crime that only affects women anywhere in the world, which is a new term that is looking for a place in criminal discourse and in turn to find out a situation of systematic violence and silenced for a long time.
Expression impunity, in general terms, refers to the absence of punishment. Legally it lacks strict meaning, because rather it refers to a phenomenon of legal, social, cultural, psychological and even economic dimensions. Although the greatest development of the notion has occurred in the field of international criminal law, in which one of the foundations from which the current International Criminal Court has been established, it is also possible to make an analysis that allows to apply this concept has been establishedto crimes of violence against women and feminicide
Developing
Femicides are a consequence of machismo in Peru, since many men think that women are their belonging and that they can do what they want with them, and also among other sexist thoughts that dehumanize the woman. To reduce violence against women, children must be made known to children that women are not an object and that they should be treated with respect and equality so that when they grow they do not commit this type of crime. In the following thesis, the crime of femicide and criminal responsibilities in the act of the Peruvian Code
Expression impunity, in general terms, refers to the absence of punishment. Legally it lacks strict meaning, because rather it refers to a phenomenon of legal, social, cultural, psychological and even economic dimensions. Although the greatest development of the notion has occurred in the field of international criminal law, in which one of the foundations from which the current International Criminal Court has been established, it is also possible to make an analysis that allows to apply this concept has also been establishedto crimes of violence against women and feminicide.
The Peruvian Criminal Code has several legal gaps, which allow various types of abuse to the female gender by Peru’s men. Government’s lack of interest in solving these gaps, is responsible for the increase in femicides. Since no interest is seen on the part of the government to be able to solve these cases of femicide. Previously the Criminal Code did not take much importance to the issue of crime of feminicide, which generated many cases of femicide
Until before Law N.º 30068, our criminal system had not regulated an autonomous criminal type referring to the one who kills a woman, that is, there was no homicide due to gender condition;In that sense, the murder of a woman was found within the simple homicide criminal type, of 106;of parricide, from 107;and of the 108 murder of the Criminal Code, that is, what in many cases generates a lack of distinction between the death that a male is executed, with respect to killing a woman who has unique characteristics of greater violence.
Unlike more developed societies, which recognize the difference between homicide and femicide, Peru considers it a more crime. It should be noted that the difference between homicide and femicide is that homicide is a crime that consists of a person without premeditation, and femicide is a hate crime, understood as the murder of a woman for beingwoman. Rights is something that every person has, which in rights speaks of gender equality and no one must be discriminated against
Political Constitution indicates as the first fundamental right of the human person. Article 2 subsection 1 that prescribes: Everyone has the right, to life, to their identity, to their moral, psychic, physical integrity and their free development and personal well -being I must also mention the subsection 2 that prescribes or speaks of the equality of allperson before the law and say exactly the following: to equality before the law. No one should be discriminated against due to origin, race, sex, language, religion, opinion, economic condition or any other nature.
We can see how different professional disciplines take interest in the case and care about the case of femicide applying their disciplines to develop different kinds of solutions to make femicide in Peru in a way, this also helps women bemuch stronger and are not afraid to denounce or protect themselves from aggressions from their partners or known in their environment. Many women suffer from femicide, which here schematizes the percentages of women who have not complied with complaints about the case.
The present work schematizes, regarding the ineffectiveness of the protection measures seen in the first family court of Tingo María, it had as its main objective to determine and analyze the problems that are provoking in the execution of the protection measures in favor of the victims. It is warned in the present work of the 20 cases, on the measures to protect violence against women seen in the First Family Court of the Province of Leoncio Prado, it was determined that 9 resolutions equivalent to 45% is found in complete resolutionsand 11 equivalent to 55% are in incomplete resolutions. From this, we can conclude that the greatest number of women victims of violence has not complied with the complaints initiated, that is, the authorities are not paying attention to these problems that women suffer.
We see how violence towards women is more arbitrary in the most remote areas of the country, seeing as due to the ignorance of some compatriots, this case of violence towards women looks very common in society, and that is demonstrated in this workthat schematizes the percentages of women who have not denounced due to fear and others who have denounced, but the percentage is lower than the previous one, so we can announce that there are more women who have not reported.
In all countries it suffers from femicide, in which in a family they also suffer their descendants and here a solution is sought so that children no longer suffer or commit this kind of crime. It proposes the incorporation of a norm that regulates a treatment program by the State, towards the minors (children and adolescents) descendants of the victims of femicide, with the purpose of providing them immediate treatment before a femicide event, being the ministry of theWoman and their peers the responsible entities.
We can see that violence towards women not only harms it, but also towards their descendants. Orengos can be psychological as physical, since this evil leaves strong sequelae. This means that in this investigation I know about knowing some types of proposals to make femicide decrease and thus make their descendants not commit the same crimes.
conclusion
This work aims to show the effectiveness or not of the mechanisms for the protection of victims of family violence stipulated in Law 30364. It is a legal qualitative investigation, with descriptive, non -experimental, non -interactive exploratory scope. The unit of analysis is Law No. 30364. Many of the cases of family violence are mainly perpetrated by men, physically and psychologically abusing their wives and children. Unfortunately in our country, the vast majority of Peruvian women are afraid made to denounce or speak to the authorities, which allows many cases of femicide to continue giving
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