The collision between necrophilia and mental disorder in femicide: a structural flaw in the criminal classification

Abstract

The article argues that the criminal classification of femicide in Mexico presents an antinomy: by including necrophilia as a “gender-based motive” and, simultaneously, admitting mental disorder as grounds for exclusion from guilt, the system generates a conflict that is usually resolved in favor of the defendant. It proposes refining gender-based reasons to limit them to motivations of hatred or domination, removing necrophilia from the list and treating it only in terms of criminal responsibility, incorporating a regulatory clarification. This would restore dogmatic consistency, legal certainty, and protective effectiveness.