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Criminal treatment of cases of road traffic risks concurrence through the objective imputation theory

Authors

Abstract

This article seeks to address cases of concurrence of risks in road traffic through the objective imputation theory. Concurrence of risks cases are those in which death or injuries occur as a consequence not only of the author’s infringement of a duty of care, but also of an inadequate behavior displayed by the victim, which contributes causally to the harmful result. The article shows that to correctly solve this type of cases, the determining requisite of the objective imputation theory is the materialization of the risk in the result, and that the faulty behavior of the victim does not necessarily exclude the attribution of the typified result to the author.

Keywords:

Negligent crimes, Objective imputation theory, Materialization of the risk in the result, Preventability theory