On causality in criminal law is interrupted

[article685Number] Zhang robbery

The causal relationship between hospital mistakes can't interrupt robbery and the death of the victims results

Zhang robbery one or two sentenced to death, the highest law making upheld the review decisions.

The reason of judgment

A, between the behavior and the victim's death has robbed the causation in criminal law

Our country of the aggravated consequential offence provisions in the specific crime specific in "induced" or "cause" some consequences to be expressed, such as intentional injury caused by injuries, death, slipped across the border to organize other people caused by tissue injuries, death, illegal medical doctor who caused the death, robbery causing serious injury, death etc.. The perpetrators have basic crime, caused the increase results can be attributed to human behavior, the criminal law provisions will be heavier than the basic crime legal punishment.

Under normal circumstances, as long as the crime law caused the harm results occur, can be identified as a causal relationship between the consequences of the criminal act. But the result aggravated crime, criminal behavior and harmful consequences there are other factors involved, how to determine the causal relationship between behavior and the results and determine the criminal responsibility is a difficult problem.

In the case of the death of the victim is caused by looting the defendant, the causality between the defendant and the victim's death robbery, this is the focus of dispute in this case.

We believe that the degree of aggregated consequential offense, criminal law on the crime of "induced" description must be attracted to attract,. In other words, this level should reach the main reason can be established. In addition, the aggregated consequential offense of robbery, aggravated robbery causing death is caused by the basic crime, about death and the causal relationship between crime of robbery, the objective requirements of robbery crime must have caused increased inherent risk consequence; subjective act has at least negligence to the result of death, can also be deliberately. In this case, the defendant for the purpose of illegal possession, use knife stab stab victim physical means to plunder property, their acts constitute the basic crime of robbery. The victim has no anomalies before the murder victim after the body, the left iliac vein, artery and other parts appear sharp instrument wound, the establishment of "induced" relationship between robbery and robbery are caused by the death, robbery is the advance behavior of death to the victim, the causal relationship between the two.

Two, the hospital rescue mistakes without interruption in the causal relationship

On causality in criminal law from the form can be divided into simple causality, causality, causal complex interrupt three.

Simple causal relationship, is a harmful act directly in line with the laws to cause one or several harmful result.

The complex causal relationship, refers to the interaction of two or more than two harmful behavior or successively connected to produce one or several harm result.

Interrupt causality,Is a harmful behavior causes or is caused by some harmful results, in the process of development of causality, in another, as in the third act, the victim's behavior or special natural facts and other factors, so as to cut off the original causal relation, behavior are only responsible for another reason for intervention in front of the case, there is no causal relationship between the cause and the antecedents of behavior intervention.

Causation interrupt,Must have the following conditions: first, there must be another factor intervention; secondly, intervening factors must be abnormal reason, usually not involved in some kind of behavior or nature; third, the reason shall be in accordance with the laws of Midway intervention occurs caused the final result.

Disruption of specific causation judging standard for:One is the size of the previous behavior. The role of large, previously behavior has causal relationship with the results, otherwise No. Two is the abnormal size intervention factors. Too abnormal, no causal relationship between the previously behavior and results, and vice versa. Three is the intervening factors on the role of the size of the. The role of large, non causality is the previous behavior and results, and vice versa.

The hospital the mistakes which belongs to the intervening factors, it must consider the defendant robbed the previous behavior and intervening factors---The size of the medical behavior, abnormal size medical behavior for the victims died as a result of their respective action.

The forensic identification, the victim is left common iliac vein rupture caused by hemorrhagic shock death. From this conclusion can be seen, the victim's death is from the rupture of the left iliac vein, and left common iliac vein rupture is the defendant stabbed thorn. Look at all the victim's neck, chest and other key parts of the body hurt from autopsy, the injury site, more than 10, pulmonary artery vein rupture of Zuo Qiazong were injured, according to the standard multiple injuries, damage of severe life-threatening. In the case of causality, robbery alone is enough to cause effect harm results, at least, is the main cause of death; the hospital of errors, and did not make the robbery to alleviate or beyond the substitution effect caused by the occurrence of robbery. The defendant behavior caused the victim's death the possibility is larger and the hospital behavior on the influence is not the main case, do not interrupt the defendant robbery and the causal relationship between the results of death.

In addition, we think, it is necessary to pay attention to the forensic appraisal conclusion terms, "the victim because" or "the victim with", because with the meaning is different. Due to that conclusion, based on the facts more fully. Conformity means conclusion cannot be sure and he completely, the inference method for certain, but there is evidence to assist can infer a conclusion.

Three, the hospital in the rescue process although there are mistakes, but not enough to affect the sentencing of the defendant