El lenguaje de los delitos de peligro abstracto en el Derecho penal colombiano

Abstract

The work deals with the concept of crime of an object of abstract danger, which has been a heated debate in recent years in criminal science, but in Colombia, despite its great importance, little has been dealt with by doctrine. The work raises the problem to be addressed and is developed in two large parts: the first, the current linguistic uses on crimes of abstract danger, which refers to various emerging categories that seek to project an alternative path to the classic distinction that shows the related lack with a lack of value connotation; the second, the semantic breadth, in what the author considers "the overflow of the analytical framework of crimes of abstract danger", particularly due to the functionalist use of criminal law that has made the discourses of citizen security taking advantage of the evident lack of determination and more adequate elucidation of its operation. Without looking for exact expressions, the work ends with some conclusions in which it considers it preferable to assume, according to Ulrich Beck, a descriptive and normative concept that distinguishes between "macrohazards" and "microhazards", with the purpose of avoiding not only the instrumentalization of criminal law of risk but also formulate as a draft a decriminalizing program or systematic realignment of crimes of abstract danger, if necessary.