Delitos agravados por las motivaciones del autor: La prueba del odio a la orientación sexual identidad de género o su expresión

Álvarez, Javier Teodoro
Crimes aggravated by the author's motivations: proof of hatred of sexual orientation, gender identity or its expression Abstract: for some years, several countries has begun to incorporate in their laws criminal provisions that punish a special kind of criminality based on hatred of the community of sexual and gender identity dissidents, in response to the growing rate of violence suffered by this population. The main challenges faced by these crimes lie in their constitutional argument and the evidentiary requirement for the authorization of the punitive response. This paper aims, therefore, to portray the distinctive marks of these criminal types and offer answers to these challenges by examining the dogmatic positions and the evidence problems faced by each one of these. From this assumption, it will be shown that the agent’s special motional motivations at the time of carrying out the behavior are not only relevant to ascribe criminal responsibility but also may have an empirical character and for that reason they can be verified ​
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