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[Objective suppositions of liability in criminal law (author's transl)]
Zeitschrift Fur Rechtsmedizin. Journal of Legal Medicine
|January 1, 1981
Abstract:
The conception of causality in criminal law was based, until the middle of our century, on the equivalent theory, which extended to the objective liability as concerns doctrine and jurisdiction, excluding even the guilt as corrective element in some cases. The dispute on the necessity of adequate theory in penal law became useless as the objective conditions of elevated punishing disappeared. By reducing causality to a purely natural scientific conception the doctrine of objective imputation was developed, with the requirements of risk connection, adequacy, and risk elevation. The significance of this development in criminal law is demonstrated by medical examples, especially medical malpractice.