El canibalismo y su regulación jurídica en Colombia. Implicaciones de esta conducta en nuestro país, teniendo como punto de partida la comparación con el caso Armín Maiwes en Rotemburgo, Alemania

Abstract

Despite the fact that in our country cases of cannibalism are not usually witnessed in the media very often; This kind of attack against the humanity of the person is more common than one might think. If we think of cannibalism as such, in its literal meaning, it could be related to the criminal type "homicide". For this reason, it has been tried through the proposed hypothesis to give an idea of ​​a solution to the problem in the following terms: "If we present more cases of cannibalism in the country, we should, on the part of the legislator, the possibility of creating an autonomous and independent criminal type of the homicide called “Cannibalism” in which the factual assumption of the norm establishes that “whoever kills another in order to eat his meat…” will incur in prison according to the term established by the same legislator as a sanction for said conduct. Otherwise, the act of consuming human flesh after taking the life of an individual should constitute, at a minimum, a punitive aggravating circumstance that would increase the quantum of the penalty established for homicide.” By giving the atypical behavior of cannibalism a legal treatment similar to that of a criminal type such as homicide, which is simply far from the details that cannibal practice reveals; Colombian legislation shows us that despite the exorbitant amount of regulatory laws in criminal matters, there are still certain behaviors and human behaviors that lack direct coverage by the legislator, given the supposed little or no appearance on the scene within the social reality. political and economic of a country. This is how the judge legal operator, by inserting into this practice the postulates that are taken into account to judge in articles 103 and 104 of the current Colombian Penal Code, is ignoring circumstances of the way and place in which the criminal conduct is carried out. , without even taking into account for this that the cannibal practice could well become an autonomous and independent criminal type in itself, although related to homicide, due to the fact that "to eat, you must first kill".