Ejecuciones extrajudiciales. Su tipificación como delito independiente del homicidio simple en el ordenamiento penal venezolano

Purpose: The right to life is the most sacred guarantee for all human beings, it is a fundamental human right. Therefore, the purpose of this article is to characterize extrajudicial executions in their classification as a crime of protected persons independent of the crime of common or aggravated homicide in the Venezuelan criminal system. Description: a legal, descriptive-analytical investigation of five emblematic cases for Venezuelan society is carried out, which allows to determine and characterize in a precise way a new crime in the internal substantive legal system, since within the criminal legislation there are sufficient criminal types that protect the legal assets of life, freedom and integrity. Focus: on the one hand, the report of the five most emblematic cases of extrajudicial executions allegedly executed by the security organs of the Venezuelan State through police and military entities is striking. During the years 2014-2019. And on the other hand, the report of the United Nations High Commissioner for Human Rights, which documents more than 6,800 extrajudicial executions by Venezuelan security forces. Point of view: however, the problem arises when the application of the criminal law to the crime of homicide of protected persons, materializes as a common or aggravated homicide, violating International Humanitarian Law enshrined in treaties and conventions ratified by Venezuela. Conclusion: Therefore, its classification and insertion of the crime of extrajudicial execution in the Venezuelan criminal system, under the legal figures of aggravated homicide or homicide in a protected person, as an independent figure of the crime of homicide