The evolution of the concept of inimputabilty in Colombia

Abstract

On evolution of crimine theory, the subjective aspect has been a determiner on the subject at the moment of being asked about a human conduct that is legally directed, in other words, those that have been prohibited by the criminal justice, or those that establish warrants. Insanity arises when the subject is not in capacity of understanding the nature of his acts or to determine his conduct, due to mental disorder or psychological immaturity.

The insanity, deserves a special treatment, human, directed to accomplish the social peace and the achievement of a real material justice. From the historical-legal point of view, it is directed to the searching of new referents about the factors that determine the causes and consequences of insanity, which contributes to improve the triadic relationship between the subject, the judicial instrument and society. The causes of insanity in Colombia are: Mental disorders, conceived as every medical-psychological condition that affects both cognositive and volitive areas of the subject, psychological immaturity and sociocultural diversity o similar states; which place the persons in the inability to understand the unlawfulness of his acts and determine himself according to that understanding, for those, punishment won’t be imposed, but they will have safety measures.