masterThesis
La ignorancia deliberada en derecho penal : su incompatibilidad C.P. colombiano
Fecha
2021Registro en:
345.04 S678
Autor
Socha Mazo, Juan Carlos
Institución
Resumen
Deliberate ignorance is understood as the attitude assumed by the author of a
malicious conduct, which, despite having the possibility of acquiring knowledge
of the minimum objective elements of the type, it does not, for which it is imputed
fraudulent liability without the element of knowledge, as this is
replaced by the figure of deliberate ignorance.
This figure took on special importance in the Spanish legal system since
the year 2000 when the Supreme Court began to use it in its decisions,
embracing the figure of willful blindness from Anglo-American law.
Deliberate ignorance is incompatible with the Colombian legal system,
since, the legal concept of fraud requires the element of knowledge, which
can´t be replaced, under penalty of violating the principle of legality and prohibition
of analogy in malam partem.