The Objective Imputation Theory in Criminal Law
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.
In that article Honig resorted to “objective perseguibilidad a purpose” to eliminate causal courses guided by chance and she excelled in the decisive test of a “self-judgment complaint” completely independent of the causal view. Fault that would only result that can be deemed to have occurred “to serve the purposes.” Honig used as an example the case made by Traeger and to this day is constantly repeated that someone sends to her nephew who wants to inherit, to a mountain village of tall trees in the middle of a storm, hoping it dies hit by a lightning.
Honig expressly completed category Natural law of causality by normative category of “objective imputation” characterizing the result as the subject of the complaint and acting as the subject: the result of the action must be attributable.
As already stated, the concept of imputation Honig objective was pursued only one year later, in 1931 and then in 1939, for two fundamental works, two prominent authors from each other and did not use the term “objective imputation” , but if treated as an issue and continued to develop. It mentions the fundamental monograph Engisch on “Die Merkmale der als Kausalität Tatbestände strafrech Tlicho, as well as the” Studien zum System des Strafrechts “of Welzel 1939. (Schünemann, 2002, p. 209-210).
A Roxin is the great contribution to purge all vestiges ontological theory and develop the so-called principle of risk. (Berdugo, 2002, p.200).