IMPUTACIÓN OBJETIVA EN CASOS DE COMISIÓN POR OMISIÓN

Abstract

This document will present a clear notion of the figure of commission by omission in the Colombian criminal law, breaking down the different elements that constitute it, analyzing the content of these, in order to be able to reach sufficient knowledge that provides an appropriate criterion, which allows identifying scenarios in which this type of conduct materializes. The position of guarantor will be observed, from the school as well as from the different judicial decisions, which have established a clear path, which can be contrasted with the criminal legislation applied to the subject under study, the framework of requirements for the concretion of said quality of subject can be established, analyzing the duties and commitments that are found for such, in the Magna Carta, and the law prevailing in the Colombian territory, at the time of failing to comply with these legal requirements, a consequence would be generated that goes against the legally established regulations, in this scenario, the person will be considered compromised as the author or co-author of the typical conduct that results, given his non-compliance with the guarantor. The requirements that make it possible to charge a person with responsibility for crimes of commission by omission will be investigated; based on the requirement to distinguish between the position of guarantor and the precise requirements of the organized affiliation with the commission; from which the crucial ones arise, the duty to act as a shield against dangers, and the judgments of objective imputation of the result. Finally, the criteria for the normative applicability of objective imputation in cases of commission by omission in Colombian criminal law will be verified.