GIVING MEANING TO GENDER-BASED FEMICIDE

Abstract

This article addresses the most problematic aspects of gender-based femicide, understood as the only form of femicide whose motivation lies in contempt for the condition of being a woman, in contrast to intimate femicide as defined in Article 390 bis of the Criminal Code. It offers a conceptual clarification of categories such as sex, gender, and gender-based motive, from a systematic and dogmatic perspective, avoiding contra legem or identity-driven interpretations, despite the potential political cost. The article is structured in four sections: an introduction to the issue (I); a critical analysis of the imprecise use of these concepts in the criminal field (II); a dogmatic interpretation of Article 390 ter and its subsections (III); and the conclusions (IV).