Estudio dogmático y jurídico de la imputación objetiva derivada de la conducta de Andrea con resultado de lesiones

Abstract

Within the present work of qualification, under the modality of a case study of Complex Examination, I have as main objective to demonstrate that Andrea's behavior (active subject), in relation to the facts that are attributed to “injure” Maria (passive subject)), when he walked and because of a vehicle that turns on at full volume the speaker gets scared, just when he passed by Maria, causing a result of burns with irreversible scars, for having pushed her on a burning arm. We will start from a thorough study of the Objective Imputation theory in criminal matters, with the sole purpose of demonstrating whether Andrea's conduct is criminally relevant; within the research work I will cite the most prominent writers, with regard to the objective imputation such as: Hegel, Larenz. Roxin, Gunther Jakobs. I will also analyze from the point of view of our Ecuadorian legislation regarding that: “if the action is adapted to any legal figure, typified in our Criminal Code or if there will be exclusion of responsibility for the fact that there is no fraud and fault; rather it is a fortuitous case. This will develop the analysis of dogmatic categories that is approached from a realistic perspective.