14 and safety by pre-establishing the behavior that is penalized clearly and unambiguously and, on the other hand, it protects legal certainty.”27 46. The Commission notes that for negligent offences the definition of what is prohibited is only partial with regard to the elements, so it must be completed or closed to establish the criminal offense.28 Article 84 of the federal Criminal Code criminalizes negligent homicide as part of this specific category of negligent offenses: ARTICLE 84. - (text according to Law 21.338). “Any person who, through imprudence, negligence or lack of expertise in his or her art or profession, or failure to observe the regulations or duties under his or her responsibility, causes the death of another shall be punished by six months to three years in prison and special disqualification, as appropriate, for five to ten years.”29 47. As stated by Argentina’s federal Chamber of Appeals for Criminal and Correctional Matters: “The offense established in Article 84 of the Criminal Code—as is the case with all negligent crimes—is an open description that requires a care norm for closure, from which one may deduce that its content is built on dogmatic and logical rules previously established in the specific case (…).”30 48. This norm that “completes” the description of the offense can have various sources, as established for example, by the Criminal Chamber of Colombia’s Supreme Court: (…) Violation of the objective duty of care. The author must act as a reasonable and prudent individual acting as an agent; failure to observe these requirements would violate the objective duty of care. Observance of the care requirements is expected to minimize risks to legal assets from the exercise of dangerous activities, which is known as permissible risk (in areas such as traffic, medicine, and labor) Since there is no list of care duties, the judicial officer must have recourse to the various sources that define the nature of the violation of the care obligation in each case. Among them: 4.1.4.1.Statutory or regulatory norms governing land, sea, air, and river traffic, and labor regulations intended for proper operation of sources of risk. (…) 4.1.4.3. The criteria of the average person (…).31 49. Based on the foregoing, the IACHR notes that the essence of the punishable conduct of negligent homicide established in Article 84, consists not only in the conduct set forth by Article 84, but also in the violation of the objective duty of care, i.e., the difference 127 IACHR, Arguments before the Inter-American Court of Human Rights in the Case of De La Cruz Flores v. Peru, cited in: Inter-American Court, Case of De La Cruz Flores v. Peru, Judgment of November 18, 2004 (merits, reparations, and costs) Series C. No. 115, para. 74.f. 228 See in general: Lecciones de Derecho Penal (Volumen I) Juan J. Bustos Ramírez and Hernán Hormazábal Malarée. Editorial Trotta, 1997, p. 92; Derecho Penal, Parte General, Volume I, Second updated edition, Enrique Cury Urzúa, Editorial Jurídica de Chile, 1992, p. 326; and Derecho Penal, Parte General, Volume I, Third revised and updated edition, Alfredo Etcheberry, Editorial Jurídica de Chile, 1997, p. 83. 29 Article 84 of the Criminal Code was subsequently replaced by Article 1 of Law 25.189 of October 28, 1999: Any person who, through imprudence, negligence or lack of expertise in his or her art or profession, or failure to observe the regulations or duties under his or her responsibility, causes the death of another shall be punished by six months to five years in prison and special disqualification, as appropriate, for five to ten years. 0 The minimum sentence was increased to two years if there is more than one fatal victim or the fact is caused by imprudent, negligent, unqualified, or illegal driving of a motor vehicle. 130 Appeal to the Chamber of Appeals for Criminal and Correctional Matters. Chamber V no 28.602 of June 2, 2006. RISK, Néstor et al. 231 Supreme Court of Colombia, Criminal Chamber, Case No 19746 MP Edgar Lombana Trujillo. Similarly, Judgment of July 18, 2008, approved in act number 162, MP Julio Enrique Socha Salamanca.