¿Se puede generar un proceso penal a raíz de un acto cometido en estado de miedo insuperable?

Abstract

In the present literature, an interesting topic is deepened both for the field of law as well as for the psychological one, as is the exemptions of criminal responsibility focusing on the "unsurpassed fear" contemplated in article 32 of the Law 599 of 2000 and as its name differs, it has to do with the analysis of the various assumptions where there is no place to affirm the existence of a punishable conduct, since the person acts protected under grounds of a typicality, justification or exculpation, for example, being coerced by different forces that can be physical and moral; among others. It should be noted that it must be verified that it does not merit a diagnosis of a Transitional Mental Return, in case it is so, it does not exempt it from the totality of the fault and other criminal proceedings are chosen. From the writing, doubts are drawn from the theoretical and empirical elements that underlie the exemptions of responsibility, concluding that there are gaps when assessing the cause of insurmountable fear, due to the subjectivity of the process and the psycho-legal implications it has