Disclaimer: This article from ChineseThe network,Included in this special for me and interested friends reference, study, this paper views do not necessarily represent my views, and I on the authority of the irresponsible investigation, confirmation, by any person, cited, quoted in this paper that the legal consequences, almost by their charge, please as necessary. The duty of care: its intellectual property, including but not limited to the copyright, neighboring right of copyright belongs to the original author!! The content of any similarity, purely intentional!!

    Thanks to the source text and the original author!!

The case should be how to determine the causation in criminal law

 Huang Suying

[case]

In May 7, 2008, Zhang and Huang et al for life bagatelle Xie a dispute. Xie a return to their work units in the unit told his classmate Ma, Ma Mou about Zhang and Huang et al. Talk about problem solving issues, the respective gathered about 20 people meet with the murder weapon, Zhang and Huang see Xiemou people fled, Xie MOU followed up not to put, Zhang forced to jump into the roadside pond, Xie et al to the pond is the stone hit zhang. Zhang can not swim to drown. 　　

[different]

The first view, the victim being chased, beating in the affray after the escape, jumped into the pond, the diving behavior of active choice, and is caused by the direct cause of drowned; behavior and the victim of the accused in criminal law. Does not have the cause and effect relationship of the death, the death of the victim should not bear the consequences criminal responsibility. Should decide the crime of affray. 　

The second view, the defendant to participate actively in the affray, and were forced to jump into the pond to catch victims victims still stones, the behavior and the victim of drowning is the result of the cause effect relationship of the criminal law; the defendant on the results with laissez faire indirect intent in charge. The defendant should decide the crime of intentional homicide. 　　

[comments] I agree with the second view. On causality in criminal law, refers to the harm behavior to cause certain harm result in contact. Its relationship with the causal philosophy as objectivity, relativity, time sequence, complexity, diversity and other characteristics. But on causality in criminal law has its particularity:

First, the scope of the criminal law of causality is specific, only cause the result is the reason, only the behavior caused harm result is the result of.

Secondly, the criminal law of causality role is unidirectional, only research behavior of the one-way function.

Thirdly, legal causality in criminal law on the contents of the law, which is the specific development process, instead of a simple relationship between cause and result.

Specific to the case;

First of all, the defendant has actively participated in the affray, and holding the weapon after the victim, after the jump into the pond, and the stones towards the pond in the victim's throwing.

Secondly, the aforementioned behavior and the victim the defendant's death results with the criminal law of causality. The key to the case of qualitative of the dispute is, the causal relationship between the behavior and the victim to the defendant's death. Causality in criminal law include accidental causality and causal relationship. In the determination of accidental causation, judge the causal relationship between the intervention factors should be enough to interrupt the behavior and harm result. In the intervening factors when the victim's behavior, should see the victim's behavior is forced to act, or it can choose in case of active behavior. If in the previous behavior of human, the victim have to choose to avoid, cause harmful consequences, and the escape is not beyond the sense that, for ordinary people can not, do not interrupt the causal relationship. In this case, the victim jumped into the pond is forced to act, and ordinary people can see, not beyond the sense, therefore, the causal relationship between the criminal law of drowning behavior and the victim of the defendant.

Finally, the defendant to death results occurred with the subjective mental laissez faire attitude.

From the above analysis, a causal relationship between the criminal law on the acts of the defendant and the victim's death, the defendant's behavior with intentional homicide crime, therefore the defendant in this case should be the crime of intentional homicide.

Author unit: Jiangsu province Rudong County People's court