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Posts Tagged ‘Objective Imputation’

The basic formula that uses objective imputation is as follows:

“One result is objectively attributable, when the author has created a significant risk, which is done in the typical result in your particular configuration..”

According to this formula, to impute to the author the results objectively, it is necessary, in an objective and ex ante, be founded and established in that typically relevant risk behavior and that this risk was made in the typical result effectively produced. To account for the completed offense of result, it is necessary, then a first trial to determine ex ante whether the action of the author has created a typical risk or has raised the risk to the legally protected. This danger, which is determined ex ante is established according to the criterion of an objective observer, which should be placed in the position of acting subject, and that all his knowledge and policy options (criterion general social policy). A second evaluation is done ex post, after the occurrence of the result and determines whether they made the typical result in the realization of typical and relevant legal risk created by the action of the result. (Castillo, 2003, pp. 101-102).

Today there is unanimity in penal dogma is that verification of a causal link between action and result is not sufficient to attribute this result to the author of the action. In the process of purification and selection of legally relevant causal factors imposes the use of normative criteria drawn from the nature of criminal law, and in the plane to demarcate the legal relevance of causality.

The following will be discussed relevant aspects of the scope of the complaint, as well as different views of what is this theory.

It is generally accepted as a principle objective imputation that human action has created a legally undervalued and this risk has been made in the result. This requires, therefore, to ascertain: a) the action has created a risk (in the sense of equivalence of conditions): b) this risk is legally undervalued, c) has resulted in the completion of the typical result. (Larrauri, op.cit, p. 86).

The objective imputation theory deals with the determination of the properties and general objective of the alleged conduct, even though, from concepts to develop here in the particular case mentioned explicitly or implicitly, causation. Of course, not all concepts of objective attribution have the same importance in the special part. In particular, problems of causality in practice affect only the crimes resulted in the strict sense. Especially in the crimes of result shows the need to develop general rules of attribution objective for the following reason: the law refers only to the causation of an outcome, but the causation may be sufficient only if it is legally essential. Read the rest of this entry »

Relevant theory of causation

For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Mezguer considers that criminal law is only interested in causes that are adequate to produce the result, however for him, the determination of the adequacy of the case operates in a strictly legal level, based on the criminal. To Mezguer causal equivalence of all conditions does not imply its legal equivalent, thus separating the phenomena of causation and responsibility. (Vargas Gonzalez et al, op.cit, p. 48). Read the rest of this entry »

Individualizing theories

With this name is sought to package a set of criteria that limit the extent of chasing the equivalence of conditions. It aims to select in each case the factor is decisive in achieving the result and differentiating between cause and conditions. The conditions are considered mere circumstances companions. One cause could be the most effective condition or the last condition that precedes the outcome or the most predominant or decisive response is considered its essence and manifestation. (Vargas Gonzalez et al, 1998, pp. 41-42).

Theory of the adequacy

The most important attempt to limit causality attributable to objectively was carried out through the theory of adequacy.

The theory of adequacy does not replace the equivalence, but only removes the equivalence of all conditions. According to the theory of adequacy, a causation is only legally relevant but it is not unlikely. (Jakobs, op. P. 107).

In the legal sense, only causal criminal conduct that has a general tendency to cause the typical result, while the conditions that have triggered only by chance the result is legally relevant. (Jakobs, op. P. 131). Read the rest of this entry »

This theory is called theory of conditio sine qua non, understood the Latin “essential” or “precondition”, the formula conditio sine qua non is a mechanism to assign a cause factor category. The conditio sine qua non means that an event causes a result, when you mentally can not be deleted without the mentioned result disappears (Reyes Alvarado, op.cit, p.10).

For example in the case of occurrence of an assault on a bench, if mentally suppress the incursion of armed robbery offenders and stolen money doing, removed a result of the divestment to configure the robbery. It would not even remotely in mind, the causation of the outcome by the manager who opened the bank that morning. (Vargas Gonzalez et al, op.cit, pp. 35-36). Read the rest of this entry »

This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions.
v Individualizing theories.
v Theory of adequacy.
v Theory of adequate causation.
v Relevant theory of causation.
v Theory the ban back.
v Theory of causation.

The following explains the main features of each of the theories mentioned above.

Theory of equivalence of conditions

The theory of the equivalence of conditions is becoming known in Germany from 1843, with Stuart Mall Years later the theory is developed by Von Buri in 1873. Von Buri understand that not only the sum of a variety of elements is cause of a phenomenon, but also each of these forces individually considered in turn causes an outcome. (Reyes Alvarado, op.cit, p.41). The doctrine of the time came to explain that all conditions for the production of an outcome is both the cause of it, so any condition is equivalent to a cause and then comes, just the name of the theory. (Vargas Gonzalez et al, 1998, p.34). Read the rest of this entry »

In most cases, the existence of causation is not problematic. If A throws a stone vase intentionally against B and destroys it, there is no doubt that the operations of A (throwing the stone) and the typical result (intentional destruction of the vase of B), there is a causal link.

However, there are several types of causality that can present problems:

- Causation alternative: Several independent conditions acting together, each one of them sufficient to produce the result. All of them are effective while for the result. For example: A and B independently give each other, one dose of deadly poison that acts the same time. Read the rest of this entry »

Causality

The principle that causes all remains a result is called the principle of causality and the link that connects the cause and the result is called causality.

To attribute a result to a specific behavior, is required to establish firstly, if between this action and this outcome there is a causal link from a natural perspective, however, has not yet solved the problem, it is also necessary determine that the natural link of interest to criminal law< /a>. However, that case is to formulate a legal opinion, also known as imputation trial objective. Checking the existence of causation is the first step of objective imputation. (Berdugo, 2002, p. 196). Read the rest of this entry »

Historical Background

We all know that in Criminal Law Concept, one of the most interesting is about the objective imputation. The origins of the idea of imputation can be traced, in principle, the so-called theory of charging of the natural law philosopher Samuel Pufendorf, for the word Zurechnunges, in reality only a translation of the Latin word imputatio. However, as a precursor to the current theory of the complaint contained factual law idealist philosophy of Hegel. The objective of the concept of action back to Hegel and developed by the Hegelian school of the nineteenth century was attributable to the subject of multiple causal courses, only what can be considered as his work, that is, as the formation of the world through individual. Honig in 1930 published the famous book “Tribute to Frank, an article that was obviously inspired by the review of the theory of Hegel. Read the rest of this entry »