Trastorno mental y culpabilidad : alcance del trastorno mental originado en el consumo de sustancias psicoactivas en el derecho penal colombiano

Abstract

The problem of mental disorder derived from the consumption of psychoactive substances and its impact on the individual's criminal liability is a significant challenge in the Colombian legal sphere. This phenomenon has a direct impact on the individual's capacity for culpability, a central notion in criminal law that is profoundly affected by drug and alcohol abuse. Despite the relevance of this issue, there is a marked lack of criminal policies focused on the prevention of crimes committed by people dependent on these substances, which contributes to the problem of prison overcrowding. Guilt, understood as a dogmatic category, is compromised when the perpetrator suffers from mental disorders caused by drug use. This situation is aggravated by the withdrawal syndrome and the adverse psychological effects caused by drugs, which significantly alter the individual's behavior. Colombian criminal legislation shows deficiencies in addressing the complexities that arise in cases of criminal acts committed under the influence of these substances, evidencing the need for a legal framework that adequately addresses these realities. This normative shortcoming underscores the importance of reviewing and adapting existing legal provisions to provide more effective and humane responses to the phenomenon of drug dependence in the criminal context. The recognition of the influence of mental disorder on the culpability of the subject, derived from the consumption of psychoactive substances, demands a critical analysis and a proposal for comprehensive solutions that consider both the punitive and the preventive and rehabilitative aspects within the Colombian criminal justice system.