Factual and Legal Certainty in Risk Creation

Modern criminal law assumes that risk is inherent to each and every one of human activities, being society who qualifies which of these behaviors that generate danger are tolerated and which exceed or increase the risk; it is for this reason that it seeks to delimit its intervention, from the perspective that not all conduct that operates from the freedom of action and that sets a condition for a result can be criminally relevant, and can be taken to the field of objective imputation criminally speaking, this is put into the debate in this work. A separate chapter has the incidence of the victim's participation in the configuration of the criminal type, this is when the active participation in those normativized expectations that are not known as absolute legal goods (life, freedom, transit, etc.), allow these to be administered by the victim and the lack of care or administration of these leaves the door open for there to be a self-endangerment by participation of the victim, without coercion or deception.