Questions about criminal liability: criticism of the causal link and inclusion of objective imputation

Abstract

This study aimed to analyze the challenges in the imputation of criminal responsibility, focusing on the limitations of the causal link and the inclusion of objective imputation. It was proposed as a criticism of the excessive dependence on the causal link in complex crimes, proposing objective imputation as a more appropriate approach to address situations where direct causality is insufficient. To develop the research, doctrinal and jurisprudential analyzes of judicial cases in various jurisdictions were used. Previous studies were reviewed and theoretical approaches were compared in relation to their practical application in determining criminal responsibility. The results showed that objective imputation offers greater flexibility to attribute responsibility in crimes where multiple factors or agents intervene. In contrast, the causal link remains useful in crimes with a direct and clear relationship between action and result. The research concluded that, although both approaches have their place in criminal law, objective imputation represents a necessary evolution in modern contexts, such as environmental and corporate crimes. Finally, future research was suggested on the application of objective imputation in new areas, such as cybercrime, and its possible adaptation in criminal systems outside Europe.