Desafíos de la imputación penal de personas drogodependientes.

Abstract

Historically there are two types of crimes related to psychoactive drugs, induced and functional crime; The first refers to crimes committed under the influence of drugs and the functional one is characterized by the perpetration of a crime to acquire the money with which drugs are purchased. The Criminal Code deals poorly with the problem of the relationship between the crime and the drug user, due to the scarce regulations that exist regarding the incidence of drug use and dependence on the behavior and capacity of guilt of the offender. It is necessary to carry out a legal analysis on the challenges involved in the imputation of people in a state of intoxication due to drug use and drug dependent people. It is convenient to distinguish between the causes of exclusion of the conduct and the causes of exemption from guilt, in order to be able to consolidate pertinent and adequate criteria for the adequacy of intoxication due to drug consumption as a cause of exclusion of the conduct due to complete unconsciousness and drug dependence as cause of guilt experiment for mental disorder.