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[Objective suppositions of liability in criminal law (author's transl)].

Authors: G, Bauer;

[Objective suppositions of liability in criminal law (author's transl)].

Abstract

The conception of causality in criminal law was based, until the middle of our century, on the equivalent theory, which extended to the objective liability as concerns doctrine and jurisdiction, excluding even the guilt as corrective element in some cases. The dispute on the necessity of adequate theory in penal law became useless as the objective conditions of elevated punishing disappeared. By reducing causality to a purely natural scientific conception the doctrine of objective imputation was developed, with the requirements of risk connection, adequacy, and risk elevation. The significance of this development in criminal law is demonstrated by medical examples, especially medical malpractice.

Keywords

Risk, Austria, Malpractice, Humans, Forensic Medicine

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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