The Objective Imputation Theory : Objective Allocation
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.
The essential character requires not only when it appears, in relation to the subjective type, the result was not subjectively no longer avoidable but when the author is not responsible for that to which it gives rise. Example: The organizer of a festival is not responsible for the various offenses that take place during it (drug trafficking, injuries, injuries, drunk driving, hospitality establishments out without paying the drinks), or at least no longer responsible for the mere fact of having organized the festival. (Jakobs, op.cit, p. 98).
The fundamental legal issue is not verification of the causal link in itself, but to establish the criteria according to which particular outcome we attribute to a person. Only one outcome is objectively attributable caused by human action, when such action has created a danger that was deprecated legally performed in the typical result. (Berdugo, op. Cit, p. 200).
The objection in the result is an implied requirement of the type (section objective) in the crimes of result to be legally attributed the result and has therefore consummation. (Luzon Peña, p. 376).
The theory of the complaint seeks to confirm objective legal causation through a series of normative criteria described in the following formula: one outcome is objectively attributable only when the action causing the same risk has created a legally disapproved (or typically relevant) that was carried out in a typical result, which belongs to the scope or protection of the rule infringed. (Romero Sanchez et al, 2009, p. 196).
Only one outcome is objectively attributable caused by human action (in the sense of the theory of the condition) when such action has created a danger that was deprecated legally performed in the typical result. (Jescheck, 2002, p. 171).
Objective is called imputation to that which defines criminal responsibility for an outcome and the target rate.
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