Examinando por Autor "Asitimbay Ochoa, María José"
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- ÍtemAcceso AbiertoDeterminación de las relaciones de poder en torno al tipo penal de femicidio(Universidad Católica de Cuenca., 2023) Asitimbay Ochoa, María José; Pozo Cabrera, Pablo Arturo; 0302474028; ., .Femicide is a crime that is indisputably linked to gender violence, understood as any violent act or aggression that exclusively affects the female sex for the mere fact of being a woman; it is an attack on women's dignity, integrity, and freedom. Historically, violent acts against women have been considered a structural phenomenon that causes social alarm worldwide. Femicide is novel and has been the object of jurisprudential, doctrinal, and legal analysis. By virtue of this, globally, the states have incorporated in their legal norms articles that regulate this crime, which is different from murder and homicide because the constitutive element of femicide is the killing of a woman by any violence and the manifestation of a power relationship. Under these precepts, this study bases its research on the search for the existing shortcomings in Art. 141 of the Comprehensive Organic Criminal Code (COIP for its abbreviation in Spanish), at the time of judging or establishing the alleged offender's guilt and to seeking to determine the power relations based on femicide.