Concept Of Culpability Research Articles

Schuld ohne Vergeltung

Based on Claus Roxin’s reflections on the concept of culpability in Criminal Law and its dissociation from the theory of retribution, this study aims to outline considerations for the discussion on the recognition of culpability without punishment. After showing how retributivists and social defence theorists arrive at a dilemma regarding the need to impose deserved punishment, the solution developed by Roxin, which allows for the refusal of punishment even when culpability is established, is presented: the state action of imposing punishment must be justified, on the one hand, not in a retributive way, but by preventive purposes, and, on the other hand, limited – and not grounded – by the principle of culpability (which does not have a retributive character; hence the unilateral view of the principle of culpability). Finally, the political-criminal and dogmatic consequences of Roxin’s position are examined, and the reception of the thesis as well as the criticism addressed against it are analysed

El principio de culpabilidad: estado de la cuestión

The article provides a perspective look of the current situation of the culpability principie in the Civil Law doctrine. It begins setting a notion and reviewing the fundamental aspects of the principie. It then explains the relationship between the culpability principie and the concept of culpability, in order to review the main trends in the discussion ofthe latter. Finally, the paper deals with the so called crisis ofthe culpability principie, to end with a summary of the majority's conclusion regarding the need to preserve it.