La relevancia de la representación causal del hecho del autor, un análisis para el tratamiento punitivo del aberratio ictus en la jurisdicción penal colombiana en el marco de la Ley 599 de 2000

Abstract

The main purpose of this project is to determine, based on the review of Colombian, German and Spanish criminal dogmatic doctrine since the end of the 20th century, the relevance that the representation of the causal course of the author's act may have for the legal imputation of harmful results caused by deviations from the causal course, especially in the case of the phenomenon of aberratio ictus, which in turn allows delving into what should be understood as the object of knowledge of the typical intent in crimes of result. In reviewing the criminal doctrine previously referred to, it was found that, although aberratio ictus is a topic developed uniformly and peacefully by the doctrine, there are authors who have made real criticisms on the theoretical basis of its solution, with which it is possible to understand in a better way what should be the reason to impute, in the case of aberratio ictus, an ideal concurrence of attempt and reckless crime. Similarly, the legal solution to cases of aberratio ictus was approached on the basis of the theory of objective imputation, in order to glimpse the possibility that, in certain cases, the result not objectively foreseen by the perpetrator may be objectively atypical. Finally, it adopts the proposals of the literature regarding the punitive treatment of aberratio ictus and explains the feasibility of its application in the Colombian case, in harmony with the postulates of the Political Constitution and Law 599 of 2000.