Examinando por Materia "Inimputabilidad"

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    Análisis de constitucionalidad del parágrafo primero del Artículo 116A del Código Penal Colombiano a la luz de la doctrina y la jurisprudencia nacional
    (Universidad EAFIT, 2017) Castañeda Arrubla, David; Vargas Hernández, Julio César; Sotomayor Acosta, Juan Oberto
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    Estado de ira e intenso dolor : un supuesto de imputabilidad disminuida
    (Universidad EAFIT, 2023) Gómez Pérez, Emanuel; Sotomayor Acosta, Juan Oberto
    This research work, seeks to establish that despite the fact that the guilt element is a limit to the ius punendi in the Colombian legal system, there are altered states of consciousness, which decrease the capacity for guilt or the accountability of the individual and they are in a regulatory gap, this situation is not completely foreign to our legal framework, since there is a state of anger and intense pain, Therefore, if we analyze the dogmatic origin of this mitigating factor, we will find that it has its genesis in the recognition of the leveling of emotions or the staggering of them, determining that with the appropriate accompaniment by an expert, it can be determined that although the subject was not accountable, he was not fully attributable either.
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    La ley de inimputabilidad en Colombia : el sujeto en el sistema penitenciario
    (Universidad EAFIT, 2022) Tejada Serrano, Danna Fernanda; Manrique Tisnés, Horacio
    The Law of Non-liability and its possible effects on the subject were analyzed according to the psychoanalytic view through the analytical reading of the symbolism of the criminal act, taking into account the concepts of responsibility, guilt and mental disorder. The analytical reading method proposed by Pérez (1998) was used, which consists of three reading times for the analysis and comparison of texts, and the mentioned concepts were contrasted. It was found that legal responsibility is about responding civilly for an act, while subjective responsibility implies taking responsibility for an act and its effects. In guilt, the concepts differ between feeling and imposition and in the last category it was found that the legal system and psychoanalysis start from two different conceptions of the subject and the clinical structures would contemplate a different treatment than the one currently contemplated under the concept of mental disorder. It is concluded that there are irreconcilable differences between the two fields, and that the application of psychoanalysis to the process of the subject in the penal system could allow him to take responsibility for his act by means of the word and the spoken externalization of the expressions of his unconscious, making it possible not to dehumanize the criminal. Some difficulties were also encountered in the application of psychoanalysis in this field.