The evolution of the principle of culpability in modern criminal law

Abstract

This article aims to analyze the historical and doctrinal evolution of the principle of culpability (nulla poena sine culpa) from the 19th century to the present day, identifying the conceptual and functional transformations it has undergone within the framework of modern criminal law. The research was conducted using a qualitative approach, applying the dogmatic-legal method complemented by documentary review and comparative analysis of the main theoretical currents: causalism, normative theory, special prevention, theory of union, finalism, and functionalism. The findings show that the principle has shifted from a strictly psychological-causal conception, focused on the subjective link between the offender and the result, to a complex normative notion that incorporates evaluative, motivational, and social factors. Likewise, it is observed that Welzel’s finalism revalued freedom of decision as the basis for reproach, while contemporary functionalism, particularly in Jakobs’ formulation, has oriented culpability toward general preventive purposes and the preservation of normative order. It is concluded that, although modern criminal law has strengthened the subjective and guarantee-based dimension of culpability, functionalist trends introduce tensions with its individual nature by prioritizing political-criminal objectives over personal reproach. This scenario calls for preserving a balance that maintains culpability as an indispensable prerequisite for punishment, without sacrificing its guarantee-based essence in the face of demands for preventive efficiency.