Importancia del valor probatorio en la inimputabilidad

Abstract

This investigation is aimed at determining the scope of the concept of unenforceability in the Colombian criminal law contemplated in article 33, making an analysis of this notion guided specifically to the qualifier of psychological immaturity and mental disorder, in relation to the commission of the crime of acts With less than fourteen years of age, the issues addressed are presented in a practical manner in the sentence which allows us to see the limitation with which the judge has to determine only the condition of the active subject in the commission of the offense, not following up until the ultimate goal of the security measure that the same has imposed; For this, the qualitative method that allows us to take into account the most appropriate evidence tool in the criminal field in the aforementioned case was used, evidencing the proposed problem in front of our legal system, thus framing the lack of the state by not fully providing a guarantee position for the active subject, since it is not deployed to the point of finding a mental improvement, but it remits the responsibility to the health care entities for the corresponding treatment, leaving the victim and the active subject in a vulnerable situation. that by not having full monitoring of the evolution in their treatment, it opens the way to a possible suspension, substitution or cessation of the measure, which can generate an imminent risk for society in general at the moment of interfering with a subject that is not is in condition to assume a suitable.