La ignorancia deliberada: imputación dolosa del tipo en casos de ignorancia deliberada del agente

Abstract

Law is changing because of its very nature in the social, so for those interested in criminal doctrine, it is important to investigate alternative forms of attribution of criminal responsibility. Regardless of the role played by the criminal lawyer - defense or prosecution -, when the fact exists, the debate will revolve around the exclusion or attribution of responsibility, considering among other elements the knowledge and will of the Agent to commit the infraction, in the case of intentional crimes. The most serious penalty if it is proven that the punishable conduct was committed with both knowledge and will, or on the contrary, if not proved the existence of the same could be resolved with the acquittal of the accused. However, for several decades the foreign doctrine has been raising the application of the theory of deliberate ignorance or willful blindness, for cases in which the agent himself has been placed in a situation of ignorance before the facts, having the possibility to know about them, to make a profit. Since it lacks application in Colombia, the need arises to carry out the present study in relation to the national regulatory regime.