inimputabilidad

Inimputabilidad is a Latin American concept derived from the civil law system, particularly in jurisdictions such as Argentina and Chile. It refers to the principle that a person, usually a minor or someone lacking mental capacity, is not held criminally responsible for their actions due to their age, mental state, or other mitigating circumstances.

The doctrine of inimputabilidad is rooted in the idea that minors and individuals with diminished capacity lack the necessary cognitive and social maturity to fully appreciate the consequences of their actions. This perspective is often contrasted with the model of criminal responsibility found in common law systems, where an individual is considered capable of forming the intent to commit a crime based on their apparent understanding of the situation.

In jurisdictions where inimputabilidad is recognized, the burden of proof often shifts from the defendant to the prosecution, with the latter required to demonstrate that the accused was cognitively capable of understanding the consequences of their actions before they can be held criminally liable. The emphasis on inimputabilidad has led to varying commensurate treatments for individuals found not imputable, including more traditional family-based care structures.

It is worth noting that the application of inimputabilidad varies significantly from one jurisdiction to the next. In some countries, any person under the age of 18 is presumed not imputable for criminal offenses, whereas in others, the threshold may be lower, for example, under the age of 16.