La Teoría de la imputación objetiva como eximente de la responsabilidad penal

Abstract

OBJECTIVE: sharing information from the theory of causality, with the contribution of the theory of objective imputation, is one of the fundamental issues in the general theory of criminal law and in the theory of the causal relationship. METHOD: descriptive research. RESULTS: the problem of causality is usually handled with greater force in the field of criminal law, although in reality its birth takes place in the field of civil law. Apart from ontological causality, the concept of legal or normative causality is subsequently constructed, which becomes an optimal complement to the first. Some authors have attempted to classify objective imputation as a requirement of criminal responsibility, but this qualification has a limited scope. In the first place, because most of the authors agree on its ad hoc application only for crimes of result; and secondly because, given the quintessentially positive nature of criminal law and the content of the principle of criminal legality, the requirements of criminal liability must be exhaustively contemplated in the law. CONCLUSION: recognize that for some crimes in which the subjective element (mens rea) turns out to be decisive, these resulting theories are limited without prejudice to the fact that in these crimes, in addition to the subjective element, the existence of a causal relationship between action and result could be proven.