the legally protected in the killing.
The State points out through the criminal law punishable conduct in order to protect certain goods whose injury threatens to attack the survival of society, both in its entirety and in its organization.
These legal rights are codified in the criminal located in the special part of code, and axiological values \u200b\u200bare produced by the State wants to protect in order to preserve the social organization, the supreme end which needs legal protection gravity and the force of criminal protection.
We understand
legal rights social value that the legislature deems it appropriate and relevant to protect, to the extent that the survival and sustenance of it is concerned the social structure, or, as defined BUSTOS RAMÍREZ "a standard formula specific synthetic particular social relationship. "
Based on the selection of legal right which then makes the legislator is go to select the behaviors through which it considers may be affected, or potentially, that legal right.
We said, in the course of Penal Law General, the legally protected by the legislator serves two functions: First systematizing plays a role, as the basis in selecting the legal right to organize the legislature comes the special part of the code. Secondly plays an interpretive function, as from the identification of the legal, can be extracted or inferred the reason for that particular offense, so that content can be given the same directional.
Under the principle of subsidiarity, once we have chosen the legal right worthy of criminal protection should be a retrial, linked this with the principle of fragmentary: Not all attacks on life, for example, are worthy of protection, but those that are considered socially unacceptable. It is therefore important to decide when and to what point is for legal protection.
With these few words, let us analyze the legally protected by the legislature in Title I of Book II of the Colombian Penal Code (Act 599 of 2000) Sections 101 to 134.
1. "THE LIFE AND PERSONAL INTEGRITY IS PROTECTED EVEN ON CRIMINAL its title?
2. ARE THESE RIGHTS IS PREACHING ONE OF THE PEOPLE? PEOPLE WHO ARE? HOW FAR WHEN IS PERSON?
3. LIFE.
3.1. WHAT IS A LIFETIME?
3.1.1. Civil standard.
3.1.2. OBSTETRIC CRITERION.
3.2. WHAT IS PROTECTED IN CONNECTION WITH LIFE?
3.3. WHY LIFE IS PROTECTED?
3.3.1. REASONS axiological.
3.3.2. POLITICAL REASONS.
3.4. UNDERSTAND WHAT THE RIGHT TO LIFE?
3.5. HOW TO PROTECT THE RIGHT TO LIFE?
3.5.1. FROM THE PERSPECTIVE OF THE VICTIM.
3.5.2. AGENT FROM A delict.
3.6. WHEN DOES LIFE?
4. HUMANE.
4.1. "PERSONAL OR COMPLETENESS BODY?
4.2. WHAT IS INJURY?
4.2.1. Depending on their nature.
4.2.2. BY THE INSTRUMENT Vulnerant.
4.2.3. FINALLY PRODUCED BY THE IMPACT ON THE INTEGRITY OF THE VICTIM I HEALTH.
4.2.4. BY THE WAY OF GUILT.
Let us, therefore, to answer each of these questions, as we are convinced that their contribution will be very useful.
1. "THE LIFE AND PERSONAL INTEGRITY IS PROTECTED EVEN ON CRIMINAL its title?
above question arises because Article 11 of the Constitution has assigned to life, and therefore to the personal integrity, inviolable character, but also Article 49 ibid has categorically stated " Everyone has a duty to ensure the comprehensive care of their health ... "
Several reasons lead us to say NO.
Such a view is possible only those religious or totalitarian political systems, given that the first, to consider immoral that the person has of what God has given, and second, considering that the State own life and personal integrity of its nationals and that loyalty owed by the citizen is broken when you have them, they understand that personal self-inflicted injuries are suicide delict.
The legally protected interest in criminal matters, it is encompassed in social interaction, ie the exchange of treatment between individuals, given their very nature imposes on the character of otherness. (C-221, 1994. What characterizes the law as a specific form of control of human behavior is having as an object of regulation interfered behavior, that is, the actions of one person to the extent that ingest into orbit action one or more other, intersect with it, interfere.)
conclusion, life and personal integrity are protected only in respect of the criminal aggression by others.
2. ARE THESE RIGHTS IS PREACHING ONE OF THE PEOPLE? PEOPLE WHO ARE? How long is a person?
Article 90 paragraph 1 of the Civil Code: "The legal existence of every person begins at birth, that is, the wholly separated from his mother."
Article 91: "The law protects the life of the unborn."
Art.94: "The existence of the person ends with death."
It follows that no protectable life before birth and extends it until birth.
"The Constitutional Court has said that although" our Constitution expressly recognizes the inviolable right to life that they are persons belonging to the human race ... there is no human life is latent in the unborn child lack of constitutional protection "as the essential value of human life. "The life of the fetus plays a fundamental value for the hope of their existence as person who represents, "as the birth is" giving rise to the legal existence of the people "(C-133, 1994).
then described the life of the unborn child as a right inherent to the human person by means of Article 94 of the CN, which seems to be drawn that it has the quality of person, however, in the same sentence, ironically says that "the constitutional protection of life is necessarily projected back to before the birth of a person" (C.013, 1997).
3. LIFE.
3.1. WHAT IS A LIFETIME? Without going in deep philosophical disquisitions on the content of what is or is not life, suffice it to say that there are two criteria to try to explain this question.
civil standard. For this criterion, it is individual when it has separated the pregnancy from the womb and has lived one moment, giving rise to the "ability to enjoy."
OBSTETRIC CRITERION. For this criterion, independent life begins with the onset of labor process, which begins with the expansions and contractions of the uterus: in this way is argued that if the process of birth, death occurs when the pregnancy, there place behavior typical of "murder", as that and life there is no longer a mere hope, go on to become a reality.
regard, we review Rule 108 of the CP contentivo an offense which establishes a temporary description, "at birth", by which it is argued that such a description have been set by the legislator, is because he adheres to that criteria defining between independent and dependent life.
3.2. WHAT IS PROTECTED IN CONNECTION WITH LIFE? What is protected is the life and non-viability of the person, or in other words, it protects the person "live" regardless of whether they are fit to live or not.
What is protected is a right to life and not the possibility that it will be exercised within certain and specific biological, cultural, social or economic.
It protects the right to life itself, in the abstract, not a shape in the exercise of that right. (Euthanasia and qualifying, for some people to disposable).
3.3. WHY LIFE IS PROTECTED? The reasons or grounds for the protection of life and to the behaviors that acriminación can undermine the same can be classified into two main areas:
REASONS axiological. From this point of view we must say that life is protected by the highest value being referred to the human species is the value of life to which they can access all other values.
POLITICAL REASONS. Is that life is not a purely individual right of the individual but also the state.
3.4. UNDERSTAND WHAT THE RIGHT TO LIFE?
The right to life includes the possibility not only of his tenure as such, but its development consequential, including the right to others do not violate it, for the State to protect it as the state's respect.
3.5. HOW TO PROTECT THE RIGHT TO LIFE?
3.5.1. FROM THE PERSPECTIVE OF THE VICTIM.
protection of life in training.
protection of life and formed but helpless.
protection to life and formed and independent.
3.5.2. AGENT FROM A delict.
response to the different motivations of the agent and private tort or procedures under which performs the behavior, devote such figures as "mercy killings" (Article 106) "induction or assisted suicide" (article 107)
3.6. WHEN DOES LIFE?
Life ends with death and death we must understand the end of life.
The death must be understood in terms of Articles 8 and 9 of Decree 1172 of June 6, 1989, regulates Law 9 of 1979 on "Transplantation of organs and anatomical components in humans."
4. HUMANE.
If the basis of government and system of criminal charges is the dignity of human beings, if such dignity is energized through the free development of personality, if it has no limits other than the rights of others and the legal system If such rights are devoid of character available, it is clear that criminal law can not protect a right to claim as personal health when their violation has consented. Therefore, the scope of protection of personal injury type of blanket no consensual lesions therefore can claim to protect them is a return to authoritarian criminal law which we mentioned earlier.
To the extent that any attack on the integrity of the individuals inhabiting the national territory, contains an attack against life, we believe that the legally protected under Title I of Book II of the special part of the criminal code should be double.
4.1. "PERSONAL OR COMPLETENESS BODY?
Personal integrity is the one with the passive subject of the violation when committed the attack to be punish, but has suffered previous damage.
4.2. WHAT IS INJURY?
Any damage to the body or a person's health, caused by another.
4.2.1. Depending on their nature.
Wounds, bruises, fractures, dislocations, lacerations.
4.2.2. BY THE INSTRUMENT Vulnerant.
Cutting, piercing, blunt, Sharps, contoso-strong and firearms.
4.2.3. FINALLY PRODUCED BY THE IMPACT ON THE INTEGRITY OF THE VICTIM I HEALTH.
illness, inability to work, deformity (temporary or permanent) functional or psychological disturbance, loss anatomical or functional organ or limb.
4.2.4. BY THE WAY OF GUILT.
fraudulent, negligent or felony.
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