El homicidio imprudente agravado por la embriaguez o el influjo de sustancias que produzcan dependencia física o psíquica

The first section of this article presents an overview on the problems discussed by Colombian legal scholars in relation to the crime of involuntary manslaughter aggravated by inebriation or the influence of substances that produce physical or psychological dependence, an...

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Bibliographic Details
Main Authors: Juan Oberto Sotomayor Acosta, Juan Carlos Alvarez A
Format: Article
Language:Spanish
Published: Universidad EAFIT 2014-12-01
Series:Nuevo Foro Penal
Subjects:
Online Access:http://publicaciones.eafit.edu.co/index.php/nuevo-foro-penal/article/view/2877/2906
Description
Summary:The first section of this article presents an overview on the problems discussed by Colombian legal scholars in relation to the crime of involuntary manslaughter aggravated by inebriation or the influence of substances that produce physical or psychological dependence, and particularly problems related to the grounds for aggravating circumstances in these events. Some opinions of the Colombian Constitutional Court are also analyzed in this section. The second part of the article aims to explain the hermeneutical difficulties that have arisen since the entry into force of Law 1696 of 2013, which modifies the regulation of involuntary manslaughter. The differences and equal treatment problems that present themselves as a result of the coexistence of sub-paragraphs 1 and 6 of article 110 of the Colombian Criminal Code are explained in this section by employing the proportionality test.
ISSN:0120-8179
2539-4991