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

• 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: involuntary manslaughter; driving while intoxicated; law 1696 of 2013; aggravating circumstances; proportionality test
• Online Access: http://publicaciones.eafit.edu.co/index.php/nuevo-foro-penal/article/view/2877/2906

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.