Concurso entre el delito de prevaricato por acción y homicidio culposo desde la perspectiva de la teoría de la imputación objetiva
In the middle of the 20th Century the functionalist current of penal law started to develop in Germany. Some of its main representatives are Günther Jakobs and Klaus Roxin. With it a new vision of penal law is created, since it must now adequate to the social reality of the community. So, whoever de...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Norte: Ediciones Uninorte
2005
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2347288 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 24, 2005, pags. 206-229 |
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| Summary: |
In the middle of the 20th Century the functionalist current of penal law started to develop in Germany. Some of its main representatives are Günther Jakobs and Klaus Roxin. With it a new vision of penal law is created, since it must now adequate to the social reality of the community. So, whoever defrauds society's expectations through the production of a disapproved juridical risk must be punished. To determine if a result can be charged to a person functionalism uses the Theory of Objective Imputation, which is based on the guarantee positions to determine the role that a given person plays in society. In this research paper we will state the case of how an event that was traditionally attributed to nature is caused by the activity of men of modern society. |
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