El homicidio por piedad y la renuncia a la protección del bien jurídico tutelado en Colombia

Abstract

his research project arises from the interest of questioning the criminal type of “mercy homicide”, which is typified in article 106 of the Colombian Penal Code, since according to Colombian legislation in those cases where there is a prior waiver of protection. of the legal property protected by the owner, this is attacked by carrying out the criminal conduct, since the fundamental right to life cannot be renounced, since it enjoys special protection. Therefore, there is room to validate whether the social rule of law does not respect individual autonomy, does not guarantee the right to a dignified death and alleviate suffering in exceptional situations. Thus, we want to validate whether the elimination of this type of criminal offense under study would allow us to balance the protection of life based on personal autonomy, thus reflecting social changes and contemporary considerations on the right to decide on one's own destiny in extreme circumstances. The above, taking into account ethical, medical and legal arguments.