Academic Spin-offs through the Lens of Pragmatism and Mixed Methods

In conclusion, this paper explores the intricate dynamics of improper omission as an amplifying device within the Colombian legal context. A detailed analysis has demonstrated how improper omission allows the imputation and punishment of individuals who, without fulfilling the typical description of conduct, incur criminal liability when they abandon their role as guarantors in the absence of a nexus of avoidability. This occurs when they fail to prevent the typical results that, in the context of legal assets in their charge, the perpetrator can update their conduct, but refuses to do so without sufficient justification. It is crucial to differentiate between the general clause of equivalence of improper omission and the special clause of equivalence. While the former pertains to all legal assets, the latter is limited to specific legal assets mentioned in Article 25 of the Criminal Code. This distinction is vital to guarantee coherence and proportionality in the application of criminal law, thus preventing potential arbitrariness and violations of fundamental rights while enabling effective protection of positive duties of protection of legal rights with criminal protection. In particular, the issue of extending the position of guarantor to the protection of legal interests beyond those contemplated in the first paragraph of Article 25 of the Criminal Code has been addressed. By means of practical examples and analyses of case law, it has been demonstrated how improper omission can be constituted in a variety of contexts, including situations in which typical behaviors may arise as a result of the negligence or eventual inaction of an individual, whereby the individual in question removes himself from the protection of the legal assets in his control, which he has assumed voluntarily, so that an omission is constituted without sufficient justification. In conclusion, the clarification of the concepts presented here will contribute to the ongoing academic and legal discourse on improper omission in Colombia. It will provide a comprehensive and nuanced understanding of its application and implications within the country's legal framework. Through rigorous and thoughtful analysis, we encourage continued exploration and debate on this complex issue, with the aim of enhancing and strengthening the administration of justice in Colombia.