This article highlights the need of theoreti- cally supporting the notion of willful miscon- duct in the Colombian Criminal Law and its jurisprudence development, in order to overcome the profound difficulties that arise when such a category is to be proved in actual cases. To this end, the way willful misconduct is addressed by the Supreme Court in diverse judgments is revised; it is also analyzed and criticized showing the weaknesses of assum- ing its position and, finally, a review from the perspective of Aristotle and Schopenhauer is proposed in order to solve the complexity of this fact and contribute to its philosophical strengthening as well.