Contraste entre el homicidio en estado de emoción violenta ante el feminicidio por celotipia

Abstract

This paper will first seek to contextualize the figures under analysis within the state of Puebla, with the understanding that homicide in a state of violent emotion was replaced by femicide, seeking to answer the question of whether the repeal of homicide in a state of violent emotion resulted in harm to women, and whether the creation of femicide also resulted in aggravation, specifically on the gender-based reason consisting of jealousy. It will begin with a study of its legislative antecedents, and its forms of application, to later analyze the contemporary figure of the state of violent emotion, in a breakdown and study of its premises, as well as the circumstances of time, manner and occasion. The analysis of femicide will continue to highlight that it does not establish a specific quality for the active, and consequently the woman can be the aggressor, scrutinizing then the figure of extreme jealousy, to establish if it does not conflict with any negative element of the crime, and that by benefiting the defendant, he can invoke it in his favor generating impunity, to conclude on the harm that could result from the derogation that was made by the implemented figure, in order to propose a suitable legislative response.