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Article

Spanish

ID: <

oai:doaj.org/article:e40f83b0a2a446d0bc8d5bea62a3efda

>

·

DOI: <

10.17398/2695-7728.36.525

>

Where these data come from
Criminality without subjective nature? As regards the inseparable nature of the objective type and the subjective type in theory of the offence:

Abstract

Ni the objective observer ex ante or the special knowledge of the perpetrator through which the objective imputation doctrine seeks to resolve the problem of criminal prosecution objectively makes it possible to dispense with the subjective type which, on the same level as the objective type (in which the objective imputation doctrine plays a decisive role), is an inseparable unit that can only be separated for analytical purposes. Neither the imprudent offence makes it possible to dispense with the subjective representations of the perpetrator (subjective type of negligence) nor does the intentional offence bear the so-called normalisation of the intent that reduces it to the high objective danger represented, regardless of the subjective (psychological) representation of the presence of a high objective danger. In the same way that it was impossible at the time to make a clear distinction between the requirement of a devaluation and a devaluation of results, which constitute an inseparable unit, the latest developments in the objective imputation doctrine show their insurmountable difficulties in separating objective imputation and subjective imputation, which renders the latter a secondary point of view, which is relevant only for the purposes of measuring guilt by an unjust circumscribed in a purely objective manner.

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