Imputación y causas de justificación

Guillermo Silva Olivares

doi:10.5354/rej.v0i18.29912

Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Imputation and justification conditions

Authors

Guillermo Silva Olivares Abogado. Licenciado en ciencias jurídicas y sociales por la Facultad de Derecho de la Universidad de Chile

No. 18 (2013): Primer semestre

https://doi.org/10.5354/rej.v0i18.29912

Abstract

The work presents a general approach to justification in criminal law in keeping with an analytical model of the punishable deed, with a particular emphasis on the relationship between a justified action and the general conditions of imputation. On the basis of the argument stands the idea that an action becomes justified only if it can be subsumed objectively under a rule of justification and, furthermore, it complies with the subjective basic conditions of imputation. Various consequences arise from this model. Here are analyzed some that throw light on, for example, what has to be understood by "subjective factors" of the justifications and on problems of extraordinary imputation. Finally, this work focusing on some relevant questions concerning to the imputation conditions of the defensive action in the context of self-defense: the cases of excessive self-defense and provocation and, at last, the special requirement (not to act driven by illegitimate motives) needed by the legitimate defense of others.

Keywords:

Permissive norms, justification conditions, excuses, mistake, extraordinary imputation, actio illicita in causa, defensive action

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Silva Olivares, G. (2013). Imputation and justification conditions. Revista De Estudios De La Justicia, (18), pp. 25–58. https://doi.org/10.5354/rej.v0i18.29912

Imputation and justification conditions

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