IRRELEVANCE OF PASSIONATE ACTS IN ATTRIBUTION AND CRIMINAL LIABILITY?

A CLASSICAL ANALYSIS ON A NEW EXCLUSION OF MODIFYING CIRCUMSTANCES IN LAW N° 21.675

Authors

  • Tatiana Vargas Pinto Universidad de los Andes

DOI:

https://doi.org/10.29393/RD257-13PIVP10013

Keywords:

Gender Violence against women, Anger, Femicide, Passions, Mitigating circumstances, Sentencing

Abstract

The article analyzes the new exclusion of the extenuating circumstance from Article 11, No. 5 of the Penal Code, introduced by Law No. 21,675 regarding gender-based violence against women. It argues that this elimination affects not only femicides but also any crime related to this type of violence, which creates several problems. It questions the effectiveness of this measure in achieving the cultural change sought by the legislator. It also invites reflection on the elimination of emotional considerations, the complexity of human behavior, and its attribution. Ultimately, the article advocates for a more in-depth review of how legislation can address gender-based violence without dismissing the influence of emotions on human behavior.

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Published

2025-06-30

How to Cite

Vargas Pinto, T. (2025). IRRELEVANCE OF PASSIONATE ACTS IN ATTRIBUTION AND CRIMINAL LIABILITY? A CLASSICAL ANALYSIS ON A NEW EXCLUSION OF MODIFYING CIRCUMSTANCES IN LAW N° 21.675. University of Concepción Law Review, 93(257), 333-355. https://doi.org/10.29393/RD257-13PIVP10013

Issue

Vol. 93 No. 257 (2025): Special Issue: Proceedings of the 20th National Conference on Criminal Law and Criminal Sciences

Section

Artículos

Copyright (c) 2025 Tatiana Vargas Pinto

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