Dificultades probatorias particulares del delito de femicidio en Ecuador.

Abstract

This work approach, through an analytical-descriptive research, the problem that represents the way in which the crime of Femicide is typified in the criminal law of Ecuador. The individual evidentiary problems that arise from each crime represent a challenge for the parties when trying to prove their hypotheses of the case.; However, the difficulties underlying the crime of Femicide is one of the most controversial, since within the normative statement is the idea of proving a “mental state”, that is a subjective psychological fact of the person, this obligation to prove this kind of fact arises at the time of establishing in article 141 “a woman's death due to the fact of being one or due to her gender condition”. An analysis of the Edith Bermeo case will be made, so that the factual and legal motivation carried out on the evidence that materializes the Femicide can be made visible. In the end, this work will bring out the conflict and problem that the criminal type can be in the way that is established in the current regulations; as well as, this investigation will make proposals aimed at the solution and better structuring of the crime.