Problemas de la tipicidad en los delitos contra la vida, la integridad física y emocional de los animales

Abstract

The present research work addresses the problems of typicality presented by the criminal type contained in article 339A of the Colombian penal code, called: “Crimes against the life, physical and emotional integrity of animals.” from a dogmatic perspective. Through this study, we seek to provide a deeper understanding of the typical structure of this specific type of crime, clarifying its fundamental role in the criminal system. The structure of the criminal offense will be examined in detail, breaking down and evaluating its objective and subjective components. Emphasis will be placed on the distinction between objective typicality, which includes the external aspects of the crime such as the action and the result, and subjective typicality, which focuses on the intentionality of the agent, his knowledge and will regarding the criminal act. Furthermore, the selective function of typicality within penal dogmatics will be discussed. This function acts as a filter that excludes from the criminal sphere those behaviors that do not fit the typical description of crimes against the life, physical and emotional integrity of animals, thus ensuring that only genuinely criminal behaviors are prosecuted. The analysis will be based on contemporary doctrine and jurisprudence, providing an updated and critical vision of typicality, especially typicality in the framework of crimes against the life, physical and emotional integrity of animals. Texts by expert legal authors will be used to reaffirm the positions presented, ensuring that the academic debate is enriched with a well-founded perspective and that the relevance and application of typicality in the modern criminal system are duly valued and understood.