Objective Imputation in Criminal Law – Claudio Roxin – 3rd Edition – Hardcover

In contemporary criminal law doctrine, the theory of "objective imputation" has firmly established itself as a restructuring or organizing element of *tipicidad* (the definition of the offense). The criteria for "objective imputation"—broadly speaking: the creation of prohibited risks, the realization of those risks, and the protective scope of the norm—allow for the exclusion of criminal liability for a range of behaviors. Previously (and still today within minority viewpoints), the legal insignificance of such behaviors was difficult to explain or could only be addressed systematically at later stages of the theory of the crime.

This work examines the currently recognized criteria for objective imputation—along with their various sub-criteria—through an extensive array of case studies, engaging in an instructive discussion with divergent viewpoints. Their application is demonstrated across intentional crimes (result-based offenses), negligent crimes, and crimes of omission.

As is well known, the contributions of the German professor Claus Roxin—both in his renowned criminal law textbook and in numerous journal articles—have played a pivotal role in the development and discussion of this topic. This second edition compiles Claus Roxin’s thinking on the subject, incorporating his most recent works published in Germany.

Contents

Part One: Imputation to the Objective Element of the Offense

A The theory of causal connection

B Subsequent imputation to the objective element of the offense

C Objective imputation in negligent crimes

Part Two: Studies on Objective Imputation

I Observations on social adequacy in criminal law

II Adequacy and objective imputation in cases of subsequent third-party violations

III The significance of objective imputation for the penal theory of the offense

IV On the imputation of results in causal chains initiated in advance

V Causality and the position of guarantor in improper omissions

VI The rescuer who suffers or causes an accident in criminal law

VII Observations on the "prohibition of *regress*"

VIII The principle of trust in cases of division of labor in construction

IX Controversial issues in objective imputation