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Article

Spanish

ID: <

10670/1.1dqiy5

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Problems in procedural-penal investigations of femicide in Peru

Abstract

The enactment of criminal laws against femicide entails several problems for criminal investigations. Based on a sample of interviews with prosecutors and forensic specialists in the four judicial districts in the city of Lima, this article addresses the main problems in the application of the femicide law enacted recently in Peru’s penal code. Empirical evidence shows that these procedural problems are linked to a limitation in the design of the criminal figure, and the lack of clarity and precision of its components. The concept of “gender animosity”, or “gender discrimination” turns difficult to be translated into indicators for criminal and forensic investigations. As a consequence, prosecutors report several difficulties in order to find material elements that comply with a case theory of femicide under the new criminal framework. The evidence in this article contributes to the study of femicide in the context of raising gender punitiveness in Latin America.

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