Improper Omission as an Amplifier Device of the Criminal Statue in Colombia

Abstract

In the evolution of criminally relevant action in modern crime theory, social action has assumed a particular significance as a dogmatic element that enables the effective protection of legal assets in a society beset by risks. In the vast array of theories regarding the role of the guarantor and its legal and doctrinal development, as well as the jurisprudential extension of equivalence clauses of improper omissions that serve as amplifier devices of the criminal statue through an indirect adaptation, there is a need to identify the most effective means to shield legal assets, which allows for an imputation of passive conducts, despite having an active typical description. This introduces the controversial figure of the improper omission, which is used with the function of perfecting all of the structural elements of the criminal conduct. When an individual knows he is in a position of guarantor and is aware of the potential consequences, but fails to take action, having the means to prevent a foreseeable outcome, this device serves to enhance the criminal protection of legal assets, fostering social solidarity as the basis of the criminal justice system. This system, by satisfying the function of general prevention of the punishment, ideally dissuades the individual from committing crimes with the threat of penalty. These theories are fundamental to understanding criminal responsibility by improper omission in the context of the objective imputation theory. By guiding the evolution and delimitation of its application, they serve as a significant factor in criminal social control in Colombia.