El Trastorno antisocial de la personalidad y su aplicación en el concepto jurídico de inimputabilidad

Abstract

This research analyzes the criminal liability of serial killers diagnosed with Antisocial Personality Disorder (ASPD) under Colombian criminal law. The study questions the current interpretation of Article 33 of the Penal Code, which recognizes non-imputability for individuals who, due to psychological or psychiatric disorders, cannot understand the unlawfulness of their actions or act in accordance with that understanding. Although individuals with ASPD may comprehend the illicit nature of their actions, this research argues that their condition significantly impairs their volitional capacity, preventing them from acting otherwise. The work adopts a socio-legal and qualitative approach, combining legal doctrine, jurisprudence, and psychiatric literature to determine whether serial killers with ASPD should be considered non-imputable. It explores the clinical features of ASPD as described in the DSM, highlighting traits such as impulsivity, manipulation, lack of empathy, and persistent violation of social norms—characteristics that affect both cognitive and volitional faculties. This research proposes a new interpretation of Article 33 of the Colombian Penal Code, suggesting that the profound psychological dysfunction inherent in ASPD justifies the classification of these individuals as non-imputable. Accordingly, the imposition of a custodial sentence would be contrary to the principles of culpability and human dignity. Instead, the application of a security measure in a psychiatric institution is recommended, ensuring treatment and preventing future offenses. Ultimately, the study aims to align criminal justice with medical and psychiatric knowledge, promoting a legal response that respects fundamental rights while safeguarding social interests. It advocates for a reform in judicial interpretation that recognizes the clinical reality of ASPD and adjusts criminal liability accordingly.