Vulneración del principio de Non Bis In Idem en el delito de femicidio y sus agravantes.

Abstract

The Non Bis In Idem principle will become Ecuadorian legislation since 1998 where its mission is that of a protector, with guarantees, so that the legal security of a certain citizen is not violated since it will not allow a defendant to be tried twice for the same cause or for the same facts. This principle is recognized as a guarantee of criminal law, it prevents the imposition of two penalties for the same act, as well as the same act cannot constitute a crime and aggravate at the same time. The classification of femicide can be considered as an advance in Ecuadorian legislation in the search to reduce gender violence, since a high number of victims have been observed as a result of this situation, more happens than in the case of the death of a woman it can be understood as a murder, aggravated homicide; In a criminal proceeding, the subject at hand cannot be investigated, nor can two sentences and two aggravations be applied, seeking to make a citizen's situation worse, with strategies led by the State Attorney General's Office.