The Law deprives citizens of the option of resolving criminal conflicts outside of what is established by law, although it provides for certain exceptions. They constitute defenses that allow conflict situations to be resolved. Among which is the defense of insurmountable fear. According to this figure, the individual cannot be held responsible despite having the capacity to know and adapt his actions in accordance with the Law, because he was at the time of the incident in an emotional state classified as fear that led him to commit the crime. Due to the above, it is important to consider the mental state of the subject to evaluate whether due to his condition the person committed a crime and, consequently, whether or not he should be exempted from criminal responsibility, or if not, the sanction to be imposed should be mitigated. This defense stands out among the rest of the categories, since its essential element is the psychological state in which the subject was at the time of carrying out the conduct prohibited by law. Hence, it constitutes the subjective basis on which its recognition is based, distinguishing it from the rest of the causes of exemption. The fear that interests the defense under examination, according to the law, must be insurmountable, a term whose interpretation is controversial. Sometimes it is interpreted as that fear that the subject cannot overcome or is unable to overcome psychologically