The Objective Imputation Theory in Criminal Law : Causality
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).
Furthermore causality is defined as the process by which the complaint comes with several conditions, the causal link between the conduct and outcome criminally reprehensible, without being the only condition for such criticism, it should be taken into account author’s intention, the degree of accountability at the time of committing the act, exempting from liability, etc., all within a “subjective complaint” of the result. The main problem that may face the judge is not aware enough to know if the causal relationship is met in a given case, because this right outside the natural sciences may be involved in the case study. (Vargas Gonzalez et al, 1998, pp. 55-56).
Then the judge will have to adhere to the fore the so-called generic causation. This implies that [...] the development of causal laws is a scientific problem whose task it is for each particular branch of knowledge [...] in a judicial proceeding can only be taken as demonstrating the existence of a causal law in the relevant science, permits this. (Reyes Alvarado, 1994, p.41).
Once the process is achieved by determining the scientific causal law, the judge comes to the so-called specific causation where appropriate to assess whether the conduct of the defendant adheres to the scientific causality caused the result, in which case other assessments prior the penalty will be imposed for the crime committed. (Vargas Gonzalez et al, 1998, p.56).
Bear in mind that causality is only the minimum requirement of objective imputation of the outcome, it still must be added the legal significance of the causal relationship between action and result, of course, the causal relevance of the courses is not limited objective but also the requirement of a subjective aspect of fact, consistently, has a limiting effect. (Jakobs, 2002, p. 107).
Clearly the importance of causality in the theory of objective imputation, all criminal behavior is always an outcome and hence is attributable, as well as a physical phenomenon, the behavior will always produce a result. (Vargas Gonzalez et al, 1998 , pp. 54-55).
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