Critique of Roxin's idea of "diminishment of risk"

Abstract

The text examines the idea of diminishment of risk formulated by Roxin as a negative criterion of objective imputation in material crimes of result, according to which the type would not be fulfilled when the agent, intervening in an ongoing causal process, attenuates a pre-existing danger to the object of the action. It analyzes the evolution of the theory of objective imputation, from the equivalence of conditions theory and the adequacy theory to the modern theories of risk, and sets out Roxin's thought. It criticizes the formula internally and externally, arguing that the diminishment of risk, verifiable ex post, amounts to a comparison of results and does not ground the interruption of the imputation nexus, serving only as a heuristic. It concludes that the true material reasons lie in a principle of proportionality in the assessment of titles of responsibility.