Feminicide and the determination of the normative element "woman in her condition as such": review and proposal on article 4.3 of the 108 B del Código Penal Peruano

Abstract

The aim of this article was to analyse feminicide in Peruvian legislation and to establish some elements regarding the determination of the normative element "woman in her condition as such" in article 108 of the Código Penal Peruano. The exegetical aspect focused on the analysis and comparison of regulations, from what is indicated in the Political Constitution of Peru, as well as those codes and regulations that deal with the issue of feminicide. The hermeneutic-interpretative approach helped to establish the parameters to be discussed and, finally, to generate a comprehensive and proactive framework on this issue. The analysis of Article 108B of the Penal Code and the jurisprudential interpretations show that the normative element "of the woman in her condition as a woman" has been the object of critical and feminist perspectives that must be considered in legal practice. The need for reforms to guarantee gender equality and the protection of women's rights became evident. The results reveal that Article 108B represents a challenge in the practical application of the law, which should be supported by the determination of the normative element "woman in her condition as such" in Article 4.3 of the Regulation of Law No. 30364. A proposal to amend this article was generated in order to establish clear criteria for the precision of the determination of "woman in her condition as such", which would facilitate the actions of the magistrates and reduce the number of judges.