The imputable deed / the imputable action

• Author: Brînza William Gabriel
• Position: Faculty of Law, Law Department'Dimitrie Cantemir' University, Bucharest - Romania
• Pages: 35-37

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2013), pp. 35-37

35

THE IMPUTABLE DEED / THE IMPUTABLE ACTION

W. G. Brînz

William Gabriel Brînz

Faculty of Law, Law Department

“Dimitrie Cantemir” University, Bucharest, Romania

*Correspondence: William Gabriel Brînz, Palace of Parliament, 2-4 Izvor St., Bucharest,

Romania

E-mail: william@williameuropa.eu

Abstract

The criminal standards, meant to the protection of the social values, establish the

objectives and subjective conditions that must be fulfilled as a behavior to be illicit.

Therefore, finding the illicit/the unlawful character of the behavior does not means that this

can be already considered infringement of law, for the existence of the offense needful to

establish if the agent can be made responsible for that illicit behavior, in other words should

be analyzed if the deed is imputable.

Keywords: Imputability, risk, behavior, legislator.

Introduction

The objective imputable theory tries to resolve the doubtful assumptions of causality

relation based on some conceptual paradigms subsequent to causal criterion and takes into

account that being a real legal problem of causality the establishment if and in which

conditions a causal connection is enough to justify the result imputability of a certain author.

This conception/view is in used in some states from the Western Europe (Germany,

Austria) but knows many variants, interpretations, sometimes so various that makes practical

impossible their reduction to a common denominator.

The present theory's presentation must have as starting point the influence exercised

by the so-called theory of the final action formulated in the 1940's by Hans Welzel

1

. The

author sustained that the final activity is distinguished by the common causal process due to

the fact that the first is lead by setting of a purpose and the carrying out of a certain actions

in order to achieve that objective, while the causality is seen only as an accidental resultant

of the pre-existing various factors. From those stated result an essential stroke of the human

action, those that can't be appreciated exclusively reference to the cropped up result but it is

necessary to keep into account even by the meaning in which the agent has been transmitted.

It is known and accepted the fact that the criminal standards that has as purpose the

protection of the social values establish the objectives and subjective conditions that must be

fulfilled as behavior even illicit. Therefore, the finding/the establishment of the illicit

character of behavior does not means that this can be considered already infringement of the

law, that must established that the agent could be made responsible for that illicit behavior, in

other words, must be analyzed if the deed is imputable.

The objective imputable theory supposes an exam in several stages:

a) first of all it is checked if the action has created a relevant danger from the juridical

point of view for the protected value.

2

Thus, the behavior must be dangerous, to have created a certain probability of

producing such wound or putting into dangers the protected social value. The probability is