Criminal liability through the prism of the theory of objective imputation

Absztrakt

Since the purpose of criminal law is the protection of society, I believe that particular attention needs to be paid to the criminal dangerousness of different human actions. Some acts can cause results that are so harmful to society that criminal law must act against them. There are. however, acts which, because of the intervention of external circumstances unrelated to the perpetrator, produce results that are punishable by criminal law, and in such cases, it would hardly be fair to hold the perpetrator liable. These circumstances intervene by altering the causal link between the cause and the effect. Causation is examined by applying various theories of causation, one potential shortcoming of which stems from the perpetrator-centered nature of Romanian criminal law, namely that they do not sufficiently take into account the role of the victim, third parties or various events in shaping the result of the act. The theory of objective imputation offers a new approach to the issue of liability in criminal law. The importance of the theory lies in the fact that it recognizes the importance of factors other than the offender’s behavior in determining criminal liability.