Colorado Business and Legal Advices

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.

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