LA IMPUTACIÓN OBJETIVA EN LOS DELITOS IMPRUDENTES POR ACCIDENTES DE TRÁNSITO EN COLOMBIA (2000–2023).

Abstract

The theory of objective imputation constitutes one of the most important dogmatic developments in contemporary criminal law, by introducing normative criteria that limit mere causality in the attribution of outcomes. In the Colombian context, this theory acquired normative rank through Article 9 of the Criminal Code (Law 599 of 2000), which establishes that “causality alone is not sufficient for the legal imputation of the result.” This research analyzes the application of objective imputation in negligent traffic accident offenses in Colombia, a phenomenon that represents one of the main causes of violent deaths and injuries in the country. Based on a doctrinal, jurisprudential, comparative, and international study, the central criteria of objective imputation —permitted risk, principle of trust, self-endangerment of the victim, and prohibition of regressive imputation— are examined as filters that determine when a harmful outcome can be attributed to the driver and when it must be regarded as an unavoidable misfortune. The study employs a qualitative methodology, grounded in the analysis of national and international doctrine, case law from the Constitutional Court, the Supreme Court of Justice, and appellate courts, as well as a comparative review of experiences in Latin American countries (Argentina, Mexico, Peru, Ecuador) and European jurisdictions (Spain, Germany). Furthermore, international standards derived from human rights treaties and the 1968 Vienna Convention on Road Traffic are considered. The results show that Colombian case law has consolidated a coherent framework for applying objective imputation in traffic-related cases, although challenges remain regarding interpretive consistency and evidentiary assessment. The comparative analysis confirms that the criteria adopted in Colombia are consistent with international trends and strengthen legal certainty and respect for the principle of culpability.