Victim’s conduct and objective imputation

Abstract

The article analyzes the issue of how and when the victim’s conduct can influence the criminal  responsibility of the offender, more specifically in aspects related to the imputation to the objective type. Starting from the hypothesis of imputation to the victim’s preferential scope of responsibility, the hypothetical-deductive method is adopted, reaching the conclusion that the victim’s behavior, in cases of dangerous activities organized together, may move away the typicality of the offender’s conduct, as long as the victim has shared control of the factors of danger, sufficient knowledge to value the decision making and the offender does not occupy the position of guarantor as to their legal goods. In addition, there can be no liability defects that limit the victim’s decision-making capacity, due to age, mental illness or incomplete or retarded mental development, drunkenness and will-related vices.