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Derecho penal. Parte general: Fundamentos y teoría de la imputación

About: The article was published on 1995-01-01 and is currently open access. It has received 74 citations till now.
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01 Jan 2015
TL;DR: In this article, the authors consider whether it is possible for a physician to be held criminally liable for negligence (in cases where harm to the life or health of the patient occurs) when he orshe is not using those superior individual skills but is simply acting as any other healthcare professional.
Abstract: Introduction: Oneoftheparametersusedwhenanalysingtheoccurrenceofanoffenceofneg-ligence is the so-called ideal average individual scale. 1 Thus, in order to determine whethermedical negligence has occurred, the criteria that apply to the average ideal practitioner aregenerally used. 2 Nonetheless, there are situations in which healthcare professionals haveabilities that are superior to those of the average ideal practitioner. This essay reflects onwhether these superior individual qualities should be taken into account when analysingthese situations, 3 and asks whether it is possible for a physician to be held criminally liablefor negligence (in cases where harm to the life or health of the patient occurs) when he orshe is not using those superior individual skills but is simply acting as any other healthcareprofessional. Methodology: Themethodologyusedforthisresearchprojectwasthecriminaldogmaticper-spective, that is, a search of what criminal law has to say regarding the proposed problem,always looking to respect the principle of legality. Also, the methodological path followedthroughoutthisresearchconsistedmainlyofthreemoments:anexploratoryphase,afocus-ing phase and a concretion phase. As for the sources used, 80% of them come from theSpanish doctrine, it having dealt widely with the study of the issue at hand, and theremaining 20% consists of German work translated into Spanish, plus some limited workconducted in Colombia specifically regarding this subject in particular.
Journal ArticleDOI
TL;DR: In el presente trabajo el autor ha desarrollado brevemente los rasgos fundamentales del delito de lavado de activos vigente en la legislación colombiana as mentioned in this paper .
Abstract: En el presente trabajo el autor ha desarrollado brevemente los rasgos fundamentales del delito de lavado de activos vigente en la legislación colombiana. El punto de partida lo constituye su afirmación como deber jurídico-penal que garantiza las libertades económicas y, desde allí, se exponen los argumentos para su consideración de delito de conexión-subsiguiente, delito pluriofensivo. Al final, el análisis realizado lleva a presentar una propuesta de delimitación normativa del delito de lavado de activos.
01 Jan 2010
TL;DR: In this article, the authors analyze the responsibility of manager and the worker in the companies, when they commits a fraud on administration of resource, and investigate on the budgets that support the consequences mentioned above.
Abstract: In this paper, it is analyze the responsibility of manager and the worker in the companies, when they commits a fraud on administration of resource. Furthermore, the doctrine and the jurisprudence have determinate the follow, the manager will be responsible for the breach of trust in contrast of the worker, who will be responsible for aggravated theft by trust. The research investigates on the budgets that support the consequences mentioned above, and proposes the possibility of equal traits.
Journal ArticleDOI
TL;DR: In this article, the authors criticize the valid jurisprudential thesis on the inter-vener provided in the final paragraph of article 30 of the Colombian Criminal Code, according to which the figure applies to the co-author of special crime without qualification, based on the theory of participation of extranei subjects in special crimes.
Abstract: This article criticizes the valid jurisprudential thesis on the inter­vener provided in the final paragraph of article 30 of the Colombian Criminal Code, according to which the figure applies to the co-author of special crime without qualification, based on the theory of participation of extranei subjects in special crimes. According to this conception, it can only be an author who has the special quality required in the criminal type, without it being coming to resort to the domain of the fact, to substantiate the punishment as an intervener of the foreign co-author. For this purpose, a bibliographic review of the status of the matter in relation to the special crimes is carried out, the position of the Criminal Chamber of the Supreme Court of Justice is studied, and, in the end, an interpretation of the scope of the intervener is suggested.