La participación criminal en el femicidio: autoría y complicidad sujetas a condicionantes específicas del tipo penal

Abstract

Since femicide is a crime doctrinally classified as special, it is constituted by specific conditions, which must necessarily be met by the perpetrator of the crime at the moment of its consummation. However, when there is participation of several active subjects in the illegal act, at the moment of verifying the actions for the determination of authorship or complicity, there is a lack of configuration of specific conditions and thus confusion to determine the appropriate criminal type. In this context, in this article a doctrinal and legal analysis of the criminal definition of femicide and criminal participation was carried out with the objective of determining what degrees of participation exist in femicide and consequently what conducts are susceptible to a different appreciation. The research was carried out through a qualitative approach, hand in hand with legal-historical, legal-descriptive and legal-propositive research methods. The results demonstrated that according to the wording of the Organic Integral Penal Code with respect to participation, in harmony with the theory of dominion of the act, all degrees of participation exist in femicide with the exception of that referred to in article 42, paragraph 2, letter d. From this, it was possible to conclude that the determining element for the solution of problems of participation in femicide is the study of the subjective and objective elements that make up the aforementioned theory.