.-- The Senate and House of Representatives, ...
INCORPORATION OF THE FIGURE OF THE CRIMINAL CODE
Femicide NATION
Article 1: To amend Rule 80 of the Code Criminal, which reads as follows:
"Article 80. - It will impose life imprisonment or life imprisonment, may apply the provisions of Article 52, which kills: 1 º A
ascendant, descendant or spouse, knowing that they are.
2 º With cruelty, treachery, poison or otherwise insidious.
3 For price or promise of remuneration.
4 For pleasure, greed, racial or religious hatred.
5 ° by a suitable means to create a common danger. 6 º
premeditated With the assistance of two or more people.
7 º To prepare, facilitate, consummate or conceal another crime or to ensure their results or secure immunity for himself or another or failing to accomplish the intended purpose to try another crime.
8 ° A member of the public security forces, police or prison for his role, position or condition. (Clause incorporated by art. 1 of the Law No. 25,601 BO11/6/2002)
9 ° abusing their position or office, when he is an integral member of the security forces, police or prison service. (Clause incorporated by art. 1 of the Law No. 25,816 BO9/12/2003)
10 º A military superiority against enemy weapons or troop formed. (Clause incorporated by art. 2 of Annex I of Law No. 26,394 29/8/2008 BO. Term: shall commence the SIX (6) months of its promulgation. During that period will take place in relevant areas an outreach and training on its content and application).
11 º to a woman by violence, when it should be exercised by a man.
Where in the case of the first paragraph of this article, deems it extraordinary mitigating circumstances, the judge may apply imprisonment or imprisonment from eight to twenty-five. "
Article 2: amend section 82 of the Penal Code, which reads as follows:
"SECTION 82. - When in the cases of paragraph 1 º and 11 º of Article 80 under any of the circumstances of paragraph 1 of the previous article, the penalty shall be imprisonment or imprisonment of ten to twenty years. "
Article 3: Amend Article 92 of the Code criminal, which reads as follows:
"Article 92. - If any of the circumstances listed in subparagraphs 1 to 10 of Article 80, the penalty shall be: in the case of Article 89, six months to two years in the case of Article 90 of three to ten years, and in the case of Article 91, from three to fifteen years. If you concur
the circumstances set out in paragraph 11 of article 80, shall apply the maximum penalty for those in the previous paragraph for the cases of Articles 89, 90 and 91. "
Rule 4: Communicate to the Executive.
BASICS
Mr. President,
The term "femicide" (or "femicide" as known in some countries) is not in the dictionary of the Royal Academy, but such is the magnitude of the phenomenon the fact is that - in recent years - has finally imposed laws, rulings and government plans in Latin America.
American Court of Human Rights (IACHR) cited him more than forty times in one of his last statements, defining the femicide as "Murder of a woman because of her gender ', the Mexican Congress in 2004 created a special commission to analyze it Guatemala's legislators passed a law in 2008 - a pioneer in Latin America and the world - to tackle the phenomenon.
Femicide is one of the most extreme forms of violence against women is murder by a man towards a woman he considers his property. The term femicide is political, is the complaint to the naturalization of society toward violence against women. The term femicide was developed by American writer Carol Orlock in 1974 and publicly used in 1976 by the feminist Diana Russell, before the International Court of Crimes Against Women in Brussels [1] .
There is also the term "femicide connected", developed by Research Area Civil Association La Casa del Encuentro, that analyzes the actions of FEMICA to consummate his purpose: to kill, punish or destroy the woman psychologically for which exerts domination. In this definition are recorded two categories: people who were murdered by the FEMICA, trying to prevent femicide or were trapped "in the line of fire" and people with family or emotional bond with the woman, who were killed by FEMICA in order to psychologically punish the woman he considers his property. [2]
Mexico was the first state convicted of femicide by the Commission in an April 2009 ruling, which exceeded the regional significance and international precedent. The ruling concluded that Mexico violated the right to life and the duty of non-discrimination in access to justice and ordered the Government to investigate the guilty in 2001 killing eight women in Ciudad Juárez cotton field.
As our country is concerned, the Research Report of the Observatory of Femicide in Argentina Civil Society Adriana Marisel Zambrano (with data corresponding to the period from January 1 to October 31, 2010), recorded 206 murders of women (women and girls ) and 12 murders of women linked to men and boys, with an increase of 19% over the same period in 2009, Law No. 26,485 and penalized. It also highlights the following results:
1) Victim's age 0 to 1 year: 22 to 12 years: 813 to 18 years: 1319 to 30 years: 7431 to 50 years from 6351 to 65 years from 2466 to 90 years 14Sin recorded age: 8
2) Age of femicida13 18 years: 419 to 30 years: 6631 to 50 years from 7851 to 65 years from 2666 to 90 years old registered 7Sin: 25
3) Modus OperandiBaleada: 56Golpeada: 38Apuñalada: 41Degollada: 21Estrangulada: 21Incinerada: 10Descuartizada: 3Ahogada: 1Envenenada : 1Asfixiada: 4Hacha and Machete: 3Causa unknown: 74) link to the Victim-Husband
-Engaged Couples: Husbands 76Ex-Couples-Boyfriends: 62Hermanos / Step Brothers: 1Padres / stepfather family 6Other: 13Vecinos / Acquaintance: 26Sin apparent link: 22
willful death of women for the simple fact of being female is not in our current legal system for a specific figure than that of the murder, so propose the explicit incorporation of femicide as a separate statutory offense - the same penalty that currently has aggravated homicide in the Penal Code Article 80 - because the reality is that women suffer multiple attacks in which denotes a complete disregard for them because they are women, leading to suffer terrible attacks that often end their lives, after they have been subjected to torture, maiming, sexual violence and other degrading treatment in the most absolute contempt for the female gender, all of which require behavior of our criminal government strongest response and adoption, from the various administrations of justice and other branches of government, measures that are effective for the eradication of gender inequality.
Hence the importance of treating the femicide as a crime in our Penal Code.
is not only our opinion, is a duty which forced the Argentine government, the Convention on the Prevention, Punishment and Eradication of Violence against Women "Convention of Belem do Pará" - embodied in our legislation through enactment of Law N º 24632 - provides in Article 7, paragraph c) that "States Parties condemn all forms of violence against women and agree to pursue by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and carry out the following: c) include in their domestic legislation penal, civil and administrative as well as any other type as may be necessary to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures as may be the case. "
Also in 2009, was enacted in our country, the Law N º 26,485 of Comprehensive Protection of Women for the Prevention, Punishment and Eradication of Violence Against Women, which in Articles 4, 5 and 6 defines what is violence against women, by their different types and forms. Despite
the sanction of the latter, and the implementation of various institutions and organizations working to eradicate gender violence, reality shows that have not diminished even femicides over but, quite the contrary, the trend in recent years indicated a significant increase (see various reports of the Observatory in Argentina Femicides Civil Society Marisel Adriana Zambrano).
For these reasons I request the MPs and Members of the adoption of this draft law
[1] http://www.lacasadelencuentro.com.ar/femicidios.html # 1112011
[2] Op cit
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