On the political-criminal basis of the criminal justice system

Authors

  • Claus Roxin

Keywords:

Theory of crime, Concept of crime, Functionalism, Criminal policy, Criminal injustice, Criminal wrongdoing, Objective imputation, Culpability, Liability, Purposes of punishment

Abstract

In this study, the author endeavors to demonstrate how a political-criminal system can free itself from normativism and take empirical knowledge, especially criminological knowledge, into account when resolving legal problems. In the first part, he presents a new, functionally constructed theory of injustice, which takes the form of a judgment of objective imputation. In the second part, he addresses “responsibility” (traditionally known as culpability).

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Published

2026-04-20

How to Cite

ROXIN, Claus. On the political-criminal basis of the criminal justice system. Brazilian Journal of Criminal Science, São Paulo, v. 35, n. 35, p. 13–27, 2026. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/2868. Acesso em: 20 apr. 2026.

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