Imputation of aggravated result in crimes involving victim flight from domestic violence

Abstract

This article examines criminal imputation in result-qualified offenses arising from victim flight in the context of domestic violence. The study begins by presenting concrete cases, both national and international, to discuss the attribution of aggravated results to the perpetrator when the victim’s escape leads to serious injury or death. Adopting a dogmatic approach, the article critically analyzes case law and criminal law doctrine, with particular focus on the objective imputation nexus. It reviews traditional attribution criteria, such as the immediacy requirement and the lethality theory, and highlights their limitations in domestic violence cases. The article concludes that, in such contexts, the victim’s flight is generally not a free decision but an instinctive reaction to the risk created by the aggressor, so the aggravated result may be imputed to the perpetrator whenever it stems from the typical danger initiated by their conduct. The study contributes to the dogmatic debate by proposing more precise criteria for imputation in domestic violence scenarios, upholding the principle of culpability and the protection of legal interests.