La equivocada aplicación del concepto civil de obligaciones de resultado en cirugías estéticas. el caso chileno a la luz de una condena penal Colombiana

Abstract

A surprising problem in general criminal law, \nspecifically in Chile and Colombia is addressed: the \nclaim of penalties in aesthetic surgeries only based on \ndetrimental results. The kind of medical activity and \nthe current demand of the “victims” have motivated \nthe attempt to extend the notion of obligations to the \nresult from the civil to the criminal sphere. The main \nobjective of the work is to examine such a procedure \nfrom a dogmatic and practical methodology with the \nfundamental doctrinal sources and the jurisprudential \nprocedure, particularly in the Chilean case, based \non important Colombian resolutions. The results \nshow the lack of agreement on the very notion \nof obligations to the result, specifically in Chile, \nand a risk of extension of liability that covers these \nobligations based on criteria of objective imputation \nand broad considerations of predictability. Finally, the \nstudy questions the notion and effects of obligations \nto the results and rejects them to establish penalties.