Análisis al manejo jurídico y jurisprudencial que se le ha dado al cambio de imputación de homicidio culposo a dolo eventual por homicidios en accidentes de tránsito en Colombia

Abstract

Drivers who cause traffic accidents in a state of intoxication, they threaten the life and property of others. In the country, in recent years, some judges have decided to accept the arguments of the Office of the Prosecutor regarding the imputation of crime for eventual fraud and not for fault with representation as had been done in cases in which a homicide occurs. The eventual fraud, in what refers to evidence, is difficult to demonstrate, since it is the will and knowledge of the drunk driver, since the person is aware that it can cause harm to himself and others. However, he decides to drive in a state of alchoration, leaving what happens to chance. The jurisprudence of courts and the Supreme Court of Justice, in recent years, have treated the issue and have used the figure of eventual fraud in cases of homicide caused in traffic accidents and have given relevance to a subject that has followers, but also detractors.