El feminicidio y la afectación al principio de legalidad en su vertiente de taxatividad

Abstract

The present research about femicide arises from the need to establish the relevance of the circumstantial element of killing a woman for being a woman, as typified by article 108 b of the Peruvian Criminal Code. Since there is sustainable criticism and controversy regarding the penal taxativity of this crime that has become an improper interpretation of the norm of femicide in Peru, the objective of the research is to determine why femicide, regulated in article 108 b of the criminal code, transgresses the principle of legality of the sentences for femicide by the "Superior Court of Justice of La Libertad”, Trujillo, from files of the years 2017-2018. The methodology of this research is of synthesis-analytical and legal hermeneutics. It is concluded that article 108 b of the criminal code transgresses the principle of legality in the sentences analyzed for femicides in the years 2017-2018 because the magistrates motivated their sentences based on the plenary agreement Nº 001-2016/CJ-116, which determines the term "condition of such" is given when the crime was committed in an attitude of undervaluation, contempt or discrimination by the man towards the woman, transgressing the principle of legality in its "lex certa" aspect: mandate of taxativity.