El trastorno mental como causal de exclusión de culpabilidad penal en Colombia: una aproximación desde el psicoanálisis.

Abstract

Within criminal law, there are different institutions that give way to the materialization of law and even in some cases to justice; however, there are some which, in Colombia, are not always mentioned as is the case of unaccountability. The project was developed in the light of the concept of unimputability from the Colombian law, each of its causes and the treatment given to it, but it is applied from some approaches of psychoanalytic thought. The objective was to analyze the main difficulties in the understanding of mental disorder in the Colombian legal system, but seen from psychoanalysis. For the development of the project, analytical-explanatory methods were established, in order to develop the objective and it was carried out through a technique of bibliographic or documentary data collection, directly related to the objects of study and which were found in libraries, Google Scholar, research sources posted on the web and technical information resources. Along with the above, doctrine and law were used as primary sources. A relationship of the concept of unimputability with the schools of thought of Criminal Law was found. Along with that, the application of the concept of unimputability within the Colombian Criminal Law was verified, seeing its application and materialization within the Accusatory Criminal System. Finally, a definition of the object of study was given from the psychoanalytic thought, the application of the unimputability from this matter and the elements that study to give the union between law and psychoanalysis.