We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Las restricciones al homicidio preterintencional en el sistema penal colombiano. Comentario a la sentencia de la Sala de Casación Penal de la Corte Suprema de Justicia del 10 de febrero de 2021, radicado 52.857, M.P. Patricia Salazar Cuéllar.
- Authors
LIBREROS DUQUE, DANIEL ALBERTO
- Abstract
The article analyzes the ruling of the Supreme Court of Justice of Colombia regarding a case of preterintentional homicide at the Subofficers Military Club La Palmera in Melgar, Tolima. The Court's decision is evaluated, analyzing the relevant facts and procedural aspects of the case. The merit given to the prosecutor's expert is questioned, arguing that the victim suffered from hemophilia. It is also alleged that the victim was in danger due to alcohol consumption and the recklessness of the accused. The Court concludes that the accused cannot be held responsible for the victim's death. The article analyzes the concept of preterintention in Colombian criminal law and establishes the requirements for its configuration. The possibility of concurrence between intentional and negligent behaviors is mentioned. The jurisprudence on preterintentional homicide is reviewed, and its relationship with self-defense is discussed. It is concluded that preterintention is a mixed behavior between intent and negligence. The Court established jurisprudential criteria for the figure of preterintention, which include the joint activity of one or more persons and knowledge of the risk. Preterintention is rarely used in Colombian legal system due to its complexity.
- Subjects
COLOMBIA; CRIMINAL law; JUSTICE administration; ALCOHOL drinking; LEGAL judgments; HOMICIDE
- Publication
Nuevo Foro Penal, 2022, Vol 18, Issue 99, p193
- ISSN
0120-8179
- Publication type
Article