What is subjective in an objective imputation judgement: A theoretical aporia?

Abstract

The present work searches for the theoretical origins of the criminal-legal concept of objective imputation. It summarizes the original proposals of the theory of objective imputation, showing that their degree of development is higher than is generally recognized and valued. Then, and from these original approaches, the paper addresses a specific problem that concerns the very existence of the objective imputation as a category in criminal science: the consideration and assessment of the subjective aspects in objective imputation.