Causality in criminal law

The causal relationship between the relationship as an objective phenomenon caused by, is the objective existence, do not involve any subjective content, it is neither in the subjective can anticipate for the transfer, subjective judgment is not judicial personnel changes. Therefore, in determining the cause effect relationship of the criminal law, only the abstract analysis is not enough, we must proceed from reality, the objective judgment and recognition based on objective facts. Therefore, not only in the causal relationship between crime under the behavior and harm result is on causality in criminal law. Crime refers to the crime behavior mentality. Is a kind of crime subjective consciousness, subjective objective performance, is the subjective constitution of the crime, mainly refers to the intentional and negligent. The subjective aspect of behavior is to knowingly or hope or laissez faire attitude. As a trivial matters and have a dispute, to recall the chest like a thrust, resulting in a heart attack, died despite medical treatment. The causal relationship between a behavior and Yi's death, whether to bear the criminal responsibility should be regarded a subjective on the set (2006 two papers C second questions). The objectivity principle based on causality, C describes the correct.
A causal relationship is not equal to have criminal responsibility. Causality is the necessary condition to bear criminal responsibility person makes the behavior in the harm results occur. But this is only one aspect of the problem, on the other hand is the prerequisite of criminal responsibility is the behavior of people, their actions are consistent with the constitution of crime and the subjective and objective unity. Therefore, the causal relationship between the criminal law of harm behavior and harm result, has only the objective basis of investigating criminal responsibility of the person's behavior, but does not solve the problem of criminal liability. To make the behavior of people caused harm to their implementation of the consequences of criminal responsibility, also must have the subjective intent or negligence.
If a certain threw an ashtray from upstairs, the result is just the will pass by here a pedestrian killed. A throwing ashtrays behavior is interested in the implementation of the meaning of life, is intent on criminal law, but the intention is to study a throwing ashtrays stoned pedestrian this results in subjective psychological attitude. Obviously, a certain of this result is not aware of, also not wish or laissez faire, so, its subjective aspect in the sense of criminal law is the fault, that is the fault of negligence, shall be predicted without foreseeable results.
In 2004 two of eighteenth questions: our exams and conspiring to kill in the Museum of propylene, two people into the museum and to C each open one gun, a key state protection of rare and precious cultural relics hit C side, causing serious consequences of cultural relics damaged; have not hit any objects. About B behavior, which of the following statements are true?
The establishment of A, a crime of intentional destruction of heritage, because the destruction of heritage is a deliberately shot actions
B, a and B established intentional homicide crime
C, on the nail to intentional homicide and crime of negligently destroying cultural relics and combined punishment for several crimes
D, a behavior is a behavior violates several charges, the establishment of implicated offense
Answer: should be the intentional crime and general life meaning of the intent to distinguish. The intentional crime with special contents, specific performance against their behaviour and its consequences the understanding and hope or laissez faire attitude. The general meaning of life on purpose just that people consciously implemented certain behavior, but not with the content of the criminal intention. A in a damaged cultural relics in the subjective aspect of the crime is negligence. A second two people have a common intention to kill, but caused no C death, so the establishment of the crime of intentional homicide crime accomplice. A behavior on the other violate the crime of damaging valuable cultural relics crime, criminal negligence is not the accomplice, so have not established the complicity of the crime. A behavior is a behavior violates several charges, which belongs to the imaginative joinder of offenses. B correctly.
No matter what kind of theory, in fact need to solve is the causal relationship of some complex singular event, senior high school entrance examination examination examination is precisely this point. We can use these singular causal situation remember, it may grasp the complex theory is more effective, because it can be said, there is still no theory can fully solve the causation in criminal law. These singular causal relations mainly include two categories: one is a special class of causality, two is the break off relations with intervening factors and causal problems. In fact, in judging whether a causal relationship, the conception of justice of common sense and simple as standard more often than other standard is more feasible.
First, some special classes of causal relationship:
The causality between the 1, assumed: Although a behavior lead to result, but even without the behavior, the other will produce the same results. As a result the imminent death at a poisoning, the enemy will not have a memory of killing, killing, a similarly will soon die. But there is still a causal relationship between the memory behavior and a death. Also, people will be a death penalty execution in a moment to pull the trigger shot prisoners to recall, C family victim suddenly for a shot, would have killed. The causality between the behavior and memory c death? In this case, even if the family C didn't pull the trigger killing prisoners memory, execution will kill death memory. However, generally a causal relationship exists between the criminal law of the family C behavior and death have death results.
The causality between the 2, an alternative: refers to two or more behavior can cause the results, but in the behavior of people without meaning contact case, competing together led to the occurrence of. In this case, is generally believed that the existence of a causal relationship between criminal law. Such as Zhang and Li without meaning contact, are ready to kill Mr. Kwak Kwak, and at the same time to shoot, and hit the Guo Mou heart, there is a causal relationship between Zhang, Li Mouer human behavior and Kwak death.
The causality between the 3, overlapping: more than two independent behavior, occur alone will not lead to results, but together led to the occurrence of. It also argues for the existence of the causation in criminal law. As a high and Zhu Mouer people without meaning contact, were put in the lethal dose 50% poison to the ancient one food, eat after the poisoning death of a certain ancient, high with all the criminal law of causality between a, Zhu Mouer human behavior and the death.
Two, interventional factors and causal interrupt:
This is more complicated and important content, intervening factors including three kinds of cases: natural events, human behavior as well as the victim's behavior third. The main consideration of the acts lead to the possibility of size, interventional abnormal size and intervention effect on the result size. For example, a homicidal intentionally to have led to violence, have suffered near death injury. Memory while receiving treatment in hospital, the doctor C slight negligence, failed to save a life. The risk of a behavior lead to death as a result of large, and the intervention of death results effect is small, the criminal law of causality between should be determined a behavior and memory of the death. Also, C to kill rival Zhao, Zhao to run for their lives. Zhao enemies he a had wanted to kill Zhao, accidentally see Zhao Huangbuzelu, in C has not yet arrived, namely to the shooting to death, zhao. There is no causal relationship between kill Zhao death and C (2004 two papers C forty-first questions). This statement correct? Before the hunting behavior and death to the victim by the intervention of third behaviors. Third Hector a shot is independent of abnormal behavior in C, interrupt the causal relationship between behavior and a murder victim's death, the final death should he a responsible, a C should bear the responsibility of attempted murder.
If the death to the victim by the defendant and victim act together to cause, in this case, if the victim behavior is forced to or can not control their own, generally have a causal relationship. In usual situation, the probability of such behavior is the victim. For example, a knife to kill upstairs in the memory, memory to avoid a hunted down and killed jump off building, with the criminal law of causality between a behavior and the memory of the death. As another example, ding a loaded pistol into his ex-wife clock a shelter, intent to kill the clock a. In the two set, Zhong Mou himself accidentally trigger was shot to death. The causal relationship between Zhong's death and Ding Mou homicide, even to a causal relationship exists between the error of cognition, but also constituted the crime of intentional homicide crime (2004 two papers D forty-first questions). Between Ding Mou homicide and Zhong deaths in the victim's own factors, the victim himself accidentally touched the trigger. The victim's behavior at the time specified temporal and spatial environment, is normal, the possibility of the occurrence of great. The causal relationship between homicide deaths and Ding bell. Mistake understanding of causality, nature does not affect the behavior of the.
If the victim is only slightly injured, behavior has considerable independence, or while the victim was seriously injured, but it has been dominated by other people, such as in the hospital for treatment, and the fault behavior of others to death, is generally believed that in these circumstances, there is no causal relationship between the defendant's behavior and the result of death. As of 2006 two papers second questions: A, a memory and intentional injury caused the injury, have been sent to hospital for medical treatment. That night, the hospital fire, have burned. There is no causal relationship between the damage behavior of a death and memory. According to the interruption of causality, causality between behavior and have a death has been interrupted, that is to say, the risk of a behavior leads to death result has been interrupted fire the intervening factors, intervention plays a critical role in memory of the death. So the damage behavior between a and Yi's death doesn't exist causal relationship. Moreover, in the same circumstances, if the gross negligence in the doctor caused the death of the victims, should be that there is no causal relationship between the damage behavior and the victim had died. If the injury behavior of previous causes the victim dying seriously injured, should be identified between the injury and the causal relationship between the previous death. Also, a memory of a dying seriously injured, C just pass by here, and have implemented beaten, thus speeding up the memory of the death. With the criminal law of causality between a behavior and Yi's death? C implementation beaten on memory, just cause memory death ahead of time, the causal relationship between the death should certainly C behavior and memory. A behavior and memory of death not to mention a cause effect relationship of the criminal law.
C in the train station to steal Ding wallet jumped the track running, Ding discovered after, killed by train station C. The causality between death and butyl acrylate? Ding acts not only harm behavior, so obviously there is no causality in criminal law. Because the causality in criminal law must be the relationship between behavior and harmful results is.
Mistake three, causal relationship:
Includes five kinds of situations, one is no results, since that happened, is the attempted crime; two is changed as a result of human thought, behavior does not occur, the crime accomplished; three is the harm result is caused by the behavior of a behavior, but it caused his own memory behavior, set up does not affect the crime accomplishment. Four is the harm result is caused by other reasons, people mistakenly believe that is caused by your actions. Such behavior will have a hit into minor injuries to the hospital, after the medical accident and the death. Have died as a result of a to do not bear criminal responsibility, but the responsibility for the crime of intentional injury. Five is the behavior person according to his intention to achieve results and the implementation of the act, although the harm result expected, but lead to result the actual process and the behavior of people expected situation is different. Such as a gun aimed at recalling the shooting, recalling the death. But have not died as a result of the shooting, but in a shot, Yi because frightened and he fell off a cliff and die. In this regard, a still negative murder criminal responsibility accomplishment. For example, in 2008 two papers third questions: a want to kill tall Yi, plans to use sleeping pills that have coma, then Le Yi's neck, cause the suffocation deaths. The sleeping pills more a launch, death have swallowed pills. In this regard, which of the following statements are true?
A, a preparatory act led to the recall of death, only to set up a preparation of voluntary manslaughter
B, a has begun to implement the act of killing, but the Act (Le Yi's neck) has not completed, it can only be identified as not the completed attempt
C, a has begun to implement the homicide, should be identified as intentional homicide crime
D, a behavior is intentional homicide, preparation and the crime of negligence causing death of the imaginative joinder of offenses should be punished, a felony
Answer: in this case, a ready to have sleeping pills sleep will its strangled, but not to be actually Zeller kill behavior, memory due to an overdose of sleeping pills and died, which constitute the early realization of constitution of crime, which belongs to a causal relationship between the wrong, do not affect the identification and treatment of crime. C correctly.
The causality between the four, the common crime:
The biggest difference between with a separate crime causal lies in: the causation between act of joint crime as a whole and results, namely overall causality. In the common crime, common crime division of labor may be different, the degree of participation does not like, but as long as they act around common criminal purpose, each other, cooperate with each other, so, all kinds of behavior is the result of crime, the causal relationship between the results and crime. The causal relationship between the so sure the offender behavior and harm result. This is the theory basis of joint crime behavior result of staff responsible for this principle. Causality of joint crime include physical and mental causation. As of 2002 two papers thirty-fifth questions: A and recalling the conspiracy the common kill C, but the next day a because of diarrhea couldn't go to the place of crime. Recalling the alone kill C. About the case, which of the following statements is true?
A, a and recalling the accomplice of the crime of intentional killing B, a and not constitute the crime of intentional homicide crime
C, a bear criminal liability for intentional homicide, have bear the criminal responsibility of the crime of intentional homicide
D, a and have borne intentional homicide crime criminal responsibility
Answer: AD. The common behavior means that the offender is the integral part of joint crime. In the event of damage results in the case, the causal relationship between the offender behavior as a whole and its result, the causal relationship between the so sure the offender behavior and harm result, which is a result of joint crime personnel responsible for this is the theoretical basis of. So, all the common crime in joint crime crime shall bear criminal responsibility for the results of. The other is not involved in the crime of crimes, such as the instigator, to help offenders, the conspirators, also should bear criminal responsibility for the crime result. Crime the crime to accomplishment, other common criminals should bear criminal responsibility for the crime.
Moreover, a high school friend of two people, not seen for five years, after being apart a long time, very happy. Two people hug, and like a student that punch each other. But somebody to punch a memory of the stomach after a recall, feel some discomfort. An hour later the faint in the ground. A quickly sent a have to go to the hospital, but died. A memory of splenomegaly anomaly, because of a punch force, rupture, bleeding and lead to death in vivo. The following statement is correct --.
A, a shall bear criminal responsibility of the crime of negligence causing death
B, recalling the death was due to their spleen is too large, not on causality in criminal law and a boxing
C, a do not bear criminal responsibility D, Yi's death should be regarded as the accident
Answer: CD. Causality is objective, not considering the subjective understanding of human behavior in judging causality has no time. Act on their own behavior result to realize, not aware of or may not recognize the existence of a causal relationship is not affected, but take on responsibility will impact. In this case, a behavior has causal relationship with the memory of the death. But somebody on a Yi's death does not bear criminal responsibility, because a no subjective fault, due to an accident caused a Yi's death, not because there is no causal relationship.
The correct analysis of the causality between the behavior in criminal cases and the harm result, in judicial practice in case the right conviction and sentencing has great realistic significance.