Imputación e incumbencias en Derecho penal

Resumo

The concept of “concern” (incumbencia; german: “Obliegenheit”) can be used in Criminal Law with an important role. Specially to define the extraordinary imputation ("imputación extraordinaria"; german: “außerordentliche Zurechnung”). The concept of concerns or “incumbencias” plays a important role to establish the liability of the agent for his own defects of imputation (mistakes of fact, mistakes of law, excuses...). In addition it explains how the rules operate into the recipients, who have to concretize the directive message received in their singular situation. However the concerns or “incumbencias” differ from other nearby categories such as the duty of care, the competence, the obligation to know the Law and the concept of duty.