The causal relationship between criminal law on special finishing

 

On causality in criminal law has been the theory of criminal law and criminal problems in the practice of common and key, especially in criminal practice, we should avoid judging causality errors appear misjudged case.

The so-called causality in Criminal Law refers to the harmful act (ACT) and consequences (elements of harmful results) relationship between a cause and result. Visible, no action without discussion of causality, causality in criminal law can only focus on the behavior of discussion.

The theoretical significance, causal relationship

Understand the relationship between cause and effect, we must first understand the causal relation judgment itself in the criminal law theory significance.

1Effect of number of identified crime.

If the harm behavior and harm result of causality, the harm behavior and harm result belong to the same case, the establishment of a crime; otherwise, the behavior and harm result may belong to two cases.

When that one act and a harmful results have a causal relationship, it means that the act and the harmful results is a case, only the establishment of a crime, means the case practice also have harmful results. If the behavior and harmful results no causal relationship, it means the behavior and harmful results belong to different cases. It is from this sense, causal factors itself does not constitute a crime, but only answer the perpetrating act and the harmful results belong to a case, discussion is between the two factors between.

2Effect of intentional crime unfinished form of judgment.

In deliberate crime, if harm behavior and harm result of causality is established, accomplishment. If there is no causal relationship between behavior and harmful results, is only identified as attempted. Completed the judgment and the judgment of causation are two sides of one problem.

3Effect of criminal negligence. Determine whether to set up.

In our country criminal law, all negligence to the crime, must lead to a specific harmful results, the causal relationship between the negligent act and the harmful results. If the behavior of a fault and the harmful results is a causal relationship, then crime; if a negligent act and the harmful results no causal relationship, it is not a crime. For example, people drink driving, but the large amount of alcohol, the ability of consciousness will have not fallen at all, but because the brake device can not be expected to take a pedestrian hit by sudden fracture. In this case, the actor has the violation behavior, the accident occurred, but no causal relationship between the illegal behavior and traffic accident, does not constitute a crime. Because the laws against drunk driving drunk driving is because falling often leads to conscious will force, which may cause traffic accidents, but the behavior of human consciousness will never drop ability, traffic accidents are due to unexpected brake cause the device to break accident, it was an accident, not because of his violation behavior caused by.

4Effect of results found aggregated consequential offense.

There must be a causal relationship between the basic crime and aggravated consequence, can be found the aggravated consequential offence.

To sum up, the criminal law of causality to solve four major problems:1Two, a crime or a crime;2, accomplished and attempted to judge;3A negligent crime is established, the problem of;4The aggravated consequential offence, whether.

    Two, the criminal law causal relationship

    Causality in criminal law and philosophy causality in common:

1Objective: a causal relationship. No, only on the basis of objective relations between things judgment, independent of man's will transfer.

    The causal relationship is a natural, scientific, and has nothing to do with the subjective understanding.

    For example, a traffic accident killed on the spot the victim B, a will escape, a subjective thought is his escape behavior causes B did not receive timely assistance and death. Although a causal relationship between that their escape behavior and result of death, but before the cause of death in the objective is a traffic accident, so a behavior does not belong to "because of the aggravation situation to escape death".

    Moreover, Zhang killed a, a wounded to hospital for treatment, the B set fire to the hospital, the hospital treatment of armour. Zhang did not know this fact, always felt that killed a. Zhang was attempted intentional homicide.

    Therefore, we should not be confused with the objective of no causality causality and subjective errors, i.e. whether causality judgment with the behavior of people know that causally unrelated.

   2Order: reasons. In the first, the results in the post, and can not be reversed.

    For example, "road traffic safety law" article92Article: "the accident occurred after the escape, escape take full responsibility for the party." A day will van parked in the street get off after urination, behind the car speeding, hit the car tail, the driver was killed on the spot. Behavior person call"110"After the rapid escape. The traffic accident happened in this case, but also a violation, but the traffic accident in the former, illegal behavior in, is not caused by the causal relationship between the illegal behavior and traffic accidents. So, the Ordinance "full responsibility" is the administrative responsibility and criminal responsibility of a non, not to set up the crime of causing traffic casualties.

    A before the accident did not act in violation of regulations (roadside parking does not belong to illegal behavior), the violation behavior (escape) occurs in a traffic accident after the. Results in the first, the absolute behavior, does not constitute a crime, not the establishment of death caused by escape.

   3Relativity:. The reason may be the results of other phenomena, the results may be the reason why other phenomena.

    The criminal law in determining the cause, harm behavior only in criminal law expressly for boundaries, and expand the scope of criminal law can not be evaluated. In determining the scope of damage results also distinguish between direct and indirect harm the harm result, elements of sense of the results and the non constitutive result, material and non-material harm result harm result.

4. regularity between cause and effect relationship: caused by.

The causal relationship is discussed by this relationship by itself, rather than on the behavior and results of. The existence of this relationship, it is necessary to consider the scientific laws of nature, but also consider the experience rule, probability law.

   5Complexity: there. A result of a fruit, a fruit, a result of more fruit, the phenomenon of multiple causes multiple effects.

    For example, dual causality, causal relationship between overlapping country belongs to a fruit of the situation, the imaginative joinder of offenses is a result of more fruit.

    The special criminal law of causality:

   1. specific range: in the criminal law, only cause harm result harm behavior is the reason.

   2. specific content: in some crime, the criminal law of causality must be a specific development process. The development of minority crime on the causal relationship between process is with special requirements, such as:

   (1) (including the crime of fraud crime of contract fraud and crime of financial fraud), must be cheating behavior of the cheated person make a mistake, the mistake was based on the disposition of the property, thus causing the loss of property. If the other party has not cheated, but pity for psychological or with the police to arrest people's behavior and the disposition of the property to the behavior of people, based on that, there is no causal relationship between human behavior and deception to obtain property, can only be identified as fraud attempt. All types of fraud crimes are the structure.

   (2The crime of blackmail and impose exactions on), must be the behavior of human acts of intimidation makes the victim fall into fear, fear of the victim based on disposal of property, thereby causing the loss of property. If the victim is not in fear, but based on sympathy or to catch criminals and dispose of the property, then, there is no causal relationship between human behavior and extortion to obtain property, only that the crime of attempted blackmail and impose exactions on.

   (3) robbery, must act of violence, coercion or other methods to suppress the revolt behavior, forced to plunder property. If the behavior of people get their belongings and not to suppress the revolt to seize on, there is no causal relationship between the robbery and acquire property. For example, in order to rob the B to B property, chasing, B in the process of escape accidentally dropped a wallet, found after picking up the wallet and leave. There is no causal relationship between robbery and obtain a property.

    Here we must note, according to judicial interpretation, robbery, as long as the resulting in the victim's injuries above consequences or obtaining property (the causal relationship between the behavior means of course requirements and obtain the property robbery), it can be recognized as. In addition, the crime of fraud, crime of blackmail and impose exactions on request, robbery crime causal relationship has its specific content, essence is the nature and results of criminal behavior requirements.

    The qualification of the three, the criminal law causal relationship

    The causal relationship is a natural, scientific judgment, it can directly identify the direct determination, can not be directly identified, should adhere to the condition that the based theory of causality.

   1Formula:. Conditions between the behavior and the results there are not the former it doesn't matter the latter condition, the former is the reason for the latter. That is, if there is no action would not have harmful results, that the behavior is harmful results.

    Need to pay attention to, as a condition of behavior must have the possibility of resulting action, otherwise cannot admit condition. For example, a to B self driving travel, hope B traffic accidents and death, then B is killed in a traffic accident. There is no causal relationship between behavior and B a death.

   2Prohibition of retroactive theory.: when an act or fact independent results occurs, it should be the liability on the behavior (or attributable to the fact), and cannot be traced back to a previous condition.

    When we can from the nature, the sense of scientific judging an action or an event independent led to the result, not a causal relationship between all the conditions before it is in the act or event with the result, which is prohibited retroactive theory.

Note: judging whether a causal relationship, if from the nature of the law or rule of thumb to determine the significance on the cause and result relation, direct causality.

    The causal relationship of several special cases:

    (1Cut off the causality). Pre conditions will inevitably lead to the results in the result, before, after the conditions which lead to result, reason is not the result of pre conditions.

    For example, a delivery100%A lethal dose of poison b,2Hours after the second die. In the1Hours50Minutes, shot and killed Zhang B. There is no causal relationship between a behavior and result of death, the establishment of the crime of intentional homicide attempt; the causal relationship between Zhang's behavior and result of death, the establishment of the crime of intentional homicide crime.

    (2Interrupt causality). In the development of causality, if other behavior, the behavior of people in third acts, the victim's behavior or special natural fact, should abnormal size, behavior intervention by investigating behavior led to the possibility of intervention results, happen to the effect size, whether there is the causal relationship between behavior and result judgment before (whether there is prohibited retroactive cases). The following specific judgment method:

First determine whether the presence of normal intervening factors. According to the case occurred in the time, place, environment of judgment, if the intervention of the occurring probability is very high, so the factors involved in the appearance is normal, the causal relationship between behavior and the results of previous without interruption. Conversely, if the probability of the factors involved in the occurrence is very low, so the factors involved in the appearance is abnormal. The factors involved in the abnormal to interrupt causality, also need according to the specific situation to judge the abnormal intervening factors is achieved independence result severity. If the independent result severity, interrupt the causal relationship between the previous behavior and consequence, causes the result is intervening factors. Conversely, if the intervening factors did not reach the degree of independence lead to result, only slightly ahead of the occurrence time, causality between behavior and results of previous without interruption. See the following table:

The factors involved in the judgment standard three:

Judge previous behavior and eventually results with and without causality, there are intervening factors, previous behavior → intervening factors --=> results, criteria:

<1>The size of the previous acts on the results. The role of large, previously behavior has causal relationship with the results; otherwise No.

<2>Factors of abnormal interventional size. Too abnormal, there is no causal relationship between the behavior and result in a previous.

<3>The factors involved in itself on the result size of the. The role of large, there is no causal relationship between the behavior and result in a previous.

The above three points needs comprehensive judgement, according to the majority rule and draw the final conclusion.

    (3The putative causal relationship). A behavior which lead to result, but even in the absence of a behavior, due to other reasons will lead to result. A behavior and results with a causal relationship. For example, the victim Zhang father Zhang on the bailiff to Zhang executed, took their guns, Zhang shot will be sentenced to death. The causal relationship between the behavior and result of death.

    (4The causal relationship between the double). Two conditions alone can lead to result, no contact, each at the same time, competing together leads to results. Two conditions and results are causal.

    Classic case: A, B two people without meaning contact, the food were put in to C100%A lethal dose of poison, and poison also play a role, resulting in C death. There must be two without collusion, collusion if is directly in accordance with the accomplice "part of the implementation of full responsibility", directly identified two human behavior on the death of the causal relationship.

First, in this case a, B two human behavior can lead to the death of the victims, all the death causes, two people have set up the crime of intentional homicide (accomplished), but not the accomplice.

    Second, if the poison in this case does not play a role at the same time, but one of them put poison causes death, processing conclusion different: if found out by a put poison causes death, then there exists a causal relationship between behavior and the death a homicide, was accomplished; and there is no causal relationship between the behavior and result of death B the establishment of the crime of intentional homicide, attempted. If not clear is a or B put poison in C death, only prove death is caused by a poison, according to is in doubt, is conducive to human behavior principle, no causal relationship between a and B, two people's behavior and result of death, only to set up the crime of intentional homicide is not so. The premise is the behavior of both play a role.

    (5The causal relationship between overlapping). The two condition alone will not lead to result, no contact with each other, together lead to the occurrence of. Both of the causal relationship between the results.

     Classic case: A, B two people without meaning contact, the food were put in to C50%A lethal dose of poison, cause C death. In this regard, there is a causal relationship between a and B, two human behavior and death, set up the crime of intentional homicide crime.

    The case separately, the behavior of the two is not independent of the occurrence, but together led to the result, in this case, two individual behavior and result of death is a causal relationship. But if the two person's behavior if a sequence of obvious, if you eat a vote50%, ate B cast50%With the people, after death is the result of a causal relationship, first person in principle no causal relationship.

    (6Sufficient conditions for alternative).

     Classic case: before starting to go traveling in propylene traveler, enemy armor into C residence, in propylene water sac inside put lethal dose100%Poison. Then the enemy B into C home, bored a hole in the bottom of the water bag C. Propylene was traveling in the desert in die of thirst. In this case, cause of death is the behavior of C B, b set up the crime of intentional homicide crime; there is no causal relationship between a behavior and result of death, a founding attempted intentional homicide.

    In this case a, B may justify: do not have their own behavior, the victim will die. There is no causality and his own behavior and result of death. However, the causal relationship is a kind of objective relation, need to be judged according to the laws of science nature and rule of thumb, the victim "in this case died of thirst", and the "thirsty" because of boring behavior of B, so the causal relationship between behavior and C B's death.

   3The causal relationship of the nonfeasance crime

    As a crime and the causal relationship of the nonfeasance crime are different in form, but the causal link between the content of the same.

    As the crime of conditional relation formula is: if you do not have this behavior, the result will not occur, so the behavior is the reason.

    Not as crime condition relation formula is: if people act to fulfill their obligations, the result will not occur, so it does not fulfill the duty is the reason.

   4Causation and criminal responsibility

    The causality is not equal to the cognizance of criminal responsibility.

    On the one hand, to establish causality, only means the behavior caused certain harm result. As for the discussion behavior, the content and nature is not the question of causality.

    On the other hand, whether the perpetrator of criminal responsibility depends not only on the objective facts, but also depends on the subjective psychological state of the behavior and the results, which in the case of causality in criminal law, the behavior may not require intentionally or negligently, so there is no criminal responsibility.

The most typical example is when the victim has special physical (such as suffering from cerebral thrombosis, hemophilia, Anglo American law system, this situation is called eggshell principle) and death. Some people think that, the victim has special constitution is the intervening factors, which belongs to the interruption of causality content. However, the special physical never interrupt causality, factors not involved in special physique. Any person who is a specific person, everyone has different health status; objectively judge whether it has a causal relationship cannot be established abstract "standard", and that the special physical cause interruption of causality. In fact, the acts lead to the disease and death, always has the relationship between cause and result in the objective. As for whether the perpetrator of criminal responsibility, but also judge the subjective intent or negligence of crime is no crime. The subjective intent or negligence of crime if no crime, this result belongs to the accident, the behavior of course not crime. Therefore, there is no causal relationship and whether or not to bear criminal responsibility.

 

 

 

                             Shandong Qiushi and letter law firm   Zou Huaihui

                                Two, one one November 17th