Punibilidad en casos de ataques con ácido por razones de género

Orozco Padilla, Andrea Paola | 2018-06-29

The inminent growth of chemical agents, acids or similar substances attacks, places Colombia like one of the countries where this kind of agressions most frequently happen. According to the Instituto Nacional de Medicina Legal y Ciencias Forenses (INMLCF) from 2004 to march of 2016, were registred in the country about 1.151 acid attacks and according a report of El Colombiano daily in the same year were registred about 35 attacks and for 2017 there were aproxi-mately 40 attacks, these numbers places Colombia in one the countries wich more frequently fronts this situation.In order to erradicate the cases with chemical agents, acids and similar substances, the Government enacted the Law 1639 of 2013, iniciative approved by congress wich modifies the article 113 of Penal Code (Law 599 of 2000) this modification raises the punishing according of the injuries caused to the victim with this kind of substances (acids, alkalis, corrosives or similar substances). Said injurie must be understood like the physical deformity wich generate damage or destruction on getting in touch with the human tissue wich raising should be more severe according of the deformity caused by the mentioned substances by the law and reach to affect the passive subject face. With the growth of chemical agent attacks, acids and similar subs-tances in the national landscape, in 2016 is enacted Law 1773 or "Natalia Ponce de León Law" "Wich creates article 116A" [...] additioned to Penal Code (Law 599 of 2000) to stablish the des-cription of types and their respectives punishes to whom attempt to integrity of other people through chemical agents, acids and/or similar substances attacks wich generate injuries. Like so regulates the commercialisation of these products and modifies the Penal Code 338 article and sanctions the substances or hazard materials holding, production and traffic. On the other hand, Law 1761 of 2015 known as "Rosa Elvira Cely Law" in charge to make feminicide an auto-nomous penal type, driving the application of gender focus in cases of people integrity harmings, in the personal injuries chapter, article 4th stablished a second subsection on article 119 of Penal Code, wich if the attacks is made against a woman, the fact of being woman will raise the punishes twice. However, despite the expressed modification of the classification of personal injuries and within those caused by the attack with chemical agents, acid and / or similar substances, the behavior continues to increase and to date has not been conducted an analysis of these provisions to identify the cases in which the aforementioned attacks occur in the context due to gender.