Objective:

To identify the factors taken into account by judges for the imputation of responsibility to persons involved in a quarrel, when the perpetrator or perpetrators of the result are unknown in Yopal.

Methodology:

Exploratory qualitative research, using interviews with magistrates of the superior district courts with respect to the specialized circuit criminal judges; three circuit criminal judges; two municipal criminal judges and two judges of execution of penalties and security measures of the palace of justice of the city of Yopal, Casanare.

Results:

There are stimulating factors of violence that make people more vulnerable to confrontation or contention to solve problems such as intra-family violence, mental health related to diagnosed psychiatric disorders; consumption of alcohol, tobacco and illegal substance; also the phenomenon of the masses where the individual person loses his self and acquires the identity of the group where he is; this leads us to conclude that there are several sciences interested in the problem of quarrel such as psychology, psychiatry, sociology, ethics and morality.

Conclusions:

In Colombia the treatment of this conduct of the quarrel is not clear, since there is no criminal type in the Code, consequently, it can fall into impunity when the investigation fails to identify the perpetrator or perpetrators of the punishable conduct within a quarrel for not having full proof.

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