LA RECEPCIÓN DE LA CREACIÓN DE RIESGOS NO PERMITIDOS EN EL DERECHO CHILENO, COMO CRITERIO DE IMPUTACIÓN OBJETIVA, ¿PUEDE DISTINGUIRSE DE LA CULPA?

Abstract

This paper explores the confluences between causality and fault. Once it is considered that causality is not satisfied only with material or factual criteria, and that it must necessarily be assisted with normative criteria, the doctrine has raised the confluence of fault and the creation of unauthorized risks, normative criterion of the imputation objective, of German origin. Based on this analysis, it is proposed to distinguish between commissive and omisive causality and it is proposed that, in both cases, fault operates as a mechanism to aid causality.