THE WRONG APPLICATION OF THE CIVIL CONCEPT OF OBLIGATION TO THE RESULT IN AESTHETIC SURGERIES. THE CHILEAN CASE IN THE LIGHT OF A COLOMBIAN CRIMINAL CONVICTION/ LA EQUIVOCADA APLICACION DEL CONCEPTO CIVIL DE OBLIGACIONES DE RESULTADO EN CIRUGIAS ESTETICAS. EL CASO CHILENO A LA LUZ DE UNA CONDENA PENAL COLOMBIANA

A surprising problem in general criminal law, specifically in Chile and Colombia is addressed: the claim of penalties in aesthetic surgeries only based on detrimental results. The kind of medical activity and the current demand of the "victims" have motivated the attempt to extend the notion of obligations to the result from the civil to the criminal sphere. The main objective of the work is to examine such a procedure from a dogmatic and practical methodology with the fundamental doctrinal sources and the jurisprudential procedure, particularly in the Chilean case, based on important Colombian resolutions. The results show the lack of agreement on the very notion of obligations to the result, specifically in Chile, and a risk of extension of liability that covers these obligations based on criteria of objective imputation and broad considerations of predictability. Finally, the study questions the notion and effects of obligations to the results and rejects them to establish penalties.