THEORY OF OBJECTIVE IMPUTATION (OBJEKTIVEN ZURECHNUNG)

Abstract

The theory of objective imputation arises in the juridical world from the doctrine of Roxin, being improved by Jakobs. The theory of objective imputation is a new and revolutionary theory, which conceptualizes that within the typical fact, one should attribute to the agent only criminal responsibility, not taking into account the deceit of the agent. Dolo, because it is a subjective requirement, must be analyzed only with regard to subjective imputation. This theory determines that there is no objective imputation when the risk created is allowed, and the agent should only answer if he has created or increased a relevant prohibited risk.