(three) identified the causation in law

 

 

    The traditional criminal law theory: causal relationship and causality said.

 

    Judicial examination held theory: to condition based theory of causality.

 

    1The conditions that the formula: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.

 

    Note: 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.

    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. Pre conditions are not the results of.

 

    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.

 

    Note: causality, causal assumptions break is actually a causality interruption, but these theories can be considered to be "prohibited retroactive theory". In order to facilitate the distinction between the situation, book alone to explain.

 

    (2Interrupt causality).In the development of causality, if in the third act, 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 result in size, whether there is a causal relationship between judge behavior and results (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.

 

    Note: the point of knowledge is an important center of judicial examination, the concrete application of the analytical thinking. See below.

 

    (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's father Zhang before the bailiff execution, took their guns, will be sentenced to death and killed. The causal relationship between the behavior of Zhang 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.

 

    First, in this case a, B two human behavior is the death occurred, 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, 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, was attempted intentional homicide.

 

   (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.

 

    (6Sufficient conditions for alternative).

 

     Classic case: before starting to go traveling in C, a dive into the C's residence, in propylene water sac inside put lethal dose100%Poison. Then 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.

 

    Note: in the case of a and 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) 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.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.

 

 [2011-2-3] about causation, which one of the following options is wrong?

 A.A victim of clothes lit, jumped into the river and drowned fire victims. A behavior and the victim to death with a causal relationship

 B.B set fire to the victim to save the baby into the house, the victim was burned the house. B behavior and the victim's death has a causal relationship

 C.C in the high speed road push the victim to get off, the victim was killed by vehicles behind. C behavior and the victim's death has a causal relationship

 D.Ding Huihuai's face, victims feel unable to see and Dutch act. Ding behavior and the victim's death has a causal relationship

 

AWhen taking the bus and the driver. A chapter in a quarrel, severely kicked a chapter back kick. A chapter is back playing a, out of control bus, rushed to the bike lanes, killed the rider cheng. Behavior and process a causal relationship exists between a death

B. B to kill deliberately targeted Lee a head shot, but hit Lee's chest (not hit the heart). Because Li is the hemophiliac, finally bleed to death. There is no causal relationship between B behavior and Lee's death

C. C and associates the premeditated also surnamed Wang to shoot, his shooting bullet Wang Wang death caused by heart. By C's bullet missed Wang, there is no causal relationship between the C's behavior and Wang's death

DDing to kill intentionally to Zhao Zhao suffered violence, resulting in near death injury. Zhao at the hospital, doctors have negligence, fails to save Zhao life. Ding's behavior and Zhao between certain death no causal relationship

Analysis: the main assessment problem of judging causality.

1A behavior and process. In the chapter "driver behavior in a back playing a" between one's death. The intervening factors to interrupt causality, need to judge in the case of this behavior is normal or not. In fact, according to the social experience, when a beat when a chapter, chapter one dodge or attack probability is very high, belongs to the normal reaction, so the driver Zhang Mou fire behavior belongs to the intervention of the normal; but not because of a chapter is the driver requires the "hands grip the steering wheel, be entirely absorbed, let others beat", and that a chapter at belongs to the intervention of abnormal. Since a driver chapter one behavior intervention factors of normal, then the behavior and process a causal relationship exists between a death.AThe proposition itself correct option.

2. B is implemented to murder others probability of death (whether or not hit the victim heart), this behavior causes the victim Li hemophilia seizure, and bleeding to death. The existence of "relationship is not the latter without the former" condition between homicide B and Li's death, and the victim's special physical and does not affect the judgment of causation, so there is a causal relationship between homicide B and the death of lee.BThe proposition itself wrong options.

3. C and his plot to kill Wang and shot, although C did not hit the victim, but C and gang crime. In the common crime, C and associates the behavior is an interrelated, interaction with the organic whole; in the common crime, the common behavior as a causal relationship to determine the overall evaluation and results, which is "part of the implementation of full responsibility" principle generated according to. In other words, as long as the establishment of common crime, regardless of the specific cause by who, there is a causal relationship between behavior and the results of all common criminals. Therefore, the causal relationship between C and Wang's death.CThe proposition itself wrong options.

4Ding. Homicide and Zhao between some deaths are intervening factors, namely the doctor "negligence" behavior. This is an unusual intervention factors (if you think -- both gross negligence, negligence doctors during the treatment or slight negligence, negligence -- is normal, then we have to question the value of this occupation physician presence), but this intervention is not up to independent causes the victim the extent of death; and eventually lead to murder Zhao death or Ding, is the murder led to Zhao "suffered a near death injury", causing the death result. So there is a causal relationship between homicide and Zhao ding a death.DThe proposition itself wrong options.Note: if it is because of negligence doctor directly resulting in the death of the patient, then, interrupt the causal relationship between the previous killings and eventual death results.The correct answer isBCD.

 

[classical questions17(]2007In paper two chapter1Questions) about criminal law causal relation judgment, which of the following statements are true?

AA robbery and assault a chapter, chapter one escape, a subsequent chase. A chapter in the escape from the wallet carelessly fall on the left, a lost wallet. The causal relationship between violence and obtain a property

B. Ethyl on killing mean knifed Cheng, see Cheng after the injury is very painful, and deliver it to the hospital, but the doctor treatment there are significant errors, resulting in one death. B there is no causal relationship between behavior and the process of a death

C. C after a railway crossing was on duty, met acquaintance with a, chat, lead to a failed to put down the railing, the train will run over by huang. The causal relationship between C and Huang's death 

DDing for killing Lee and hit the head, making it a fatal wound,2Hours after death. In Li Mou begging, Ding drove them to hospital.20Minutes later, a high driving trucks speeding, hit the Ding car induced Lee died on the spot. The causal relationship between Ding behavior and Li's death

 

Analysis: the main assessment problem of judging causality.

1The causal relationship between the behavior means. The robbery crime and property has its specific content, method of compressed and forced the robbing the victim against. Jia made the victim of the purse is not because of the violence against forced pressing each other after robbing, but in the wallet was dropped after actor picked up. So, there is no causal relationship between violence and obtain a property.AWrong option.

2In this case the cause. The process of a death is a major failing behavior physician during treatment, the intervention of interrupt homicide B with the causal relationship between the results of death. So, behavior and process B no causal relationship between certain death.BOptions are correct.

3In the case of Huang. Led by high-speed train is a negligent act, there is no causal relationship between behavior and C. On the one hand, as a railway worker, have to put down the rail duties, but a negligence, not perform their duties, resulting in Hwang was run over by a train. A behavior independent, directly caused the deaths result. On the other hand, propylene and find someone to chat behavior is normal behavior in social life, the possibility of itself did not lead to results, do not belong to the harmful behavior in criminal law. Even though C behaviour cannot be allowed, but lead to chat behavior results reason is still a negligent behavior rather than C.CWrong option.

4. although homicide Ding will lead to Lee2Hours after the death, but from the natural law of causality, Lee died in a high traffic accident behavior. That is a high traffic accident behavior independent resulting in the victim's death of Lee, between homicide and death results before Ding is not a causal relationship.DWrong option.The correct answer isB.

 

[classical questions18(]2006In paper two chapter2Questions) about causation, which one of the following options is wrong?

A.A deliberately hurt B and caused the injury, B was sent to the hospital. That night, the fire burned the hospital, B. There is no causal relationship between the harmful behavior and B a death

B.A homicidal intentionally to B violence, serious shock caused by B. I believe that B has died, to conceal Zuiji, ethylene and threw it into the lake, which was drowned. The causal relationship between homicide and B a death

C.A and B because of trivial dispute, to B chest like a thrust, which was a heart attack, died despite medical treatment. The causal relationship between behavior and B a death, whether to bear the criminal responsibility should be regarded a subjective on the set

D.A and B have a see of C, B to C food put in5Mg poison, and that5C death induced by Mg poison can not, then add in B without consent5Mg poison, death by eating. A delivery5Mg deficiency that poison itself C death, so there is no causal relationship between a poison and C of the death

 Analysis: the judgment the main assessment causation1At the hospital fire, is an anomaly of the intervening factors, caused the death of the victim and independent, so there is no causal relationship between the harmful behavior and B a death (causality interrupt).AThe proposition itself correct option.2A murderer will usually implement moral behavior, so a to conceal evidence will b and threw it into the lake's behavior is a normal intervening factors, not cause interruption of causality, i.e. the causal relationship between homicide and B a death.BThe proposition itself correct option.Be careful.In this case the theory is called the antecedent intent(of the causal relationship between failures), there are four different views in theory of criminal law.2006When the proposition to one idea design options, but in2010Volume fourth criminal case analysis problem, to require candidates to answer four different theories.3The B has some special physical (e.g., suffering from a disease) will not interrupt causality, causality between behavior and B a death results. But a should bear the criminal responsibility, but also depends on the subjective criminal intent or negligence of crime is.CThe proposition itself correct option.4Although a launch5Mg poison alone cannot cause C death, but with ethylene release5Mg poison combination leads to the death of C. This situation belongs to the causal relationship between overlapping, have a causal relationship between a and B, two people's behavior and result of death.DThe proposition itself wrong options.The correct answer isD.

 

[with24] the judge which option is correct? (  )

AA burglary obtaining property, run away in panic, not careful will sleep on the floor of the baby trampled to death. A behavior belonging to the "robbery causing death".

BA deliberately shot to kill B, although did not hit, but B is suffering from heart disease, surprised by the sudden death of heart disease, caused by. The causal relationship between the behavior and B a death.

CCausal relations. Double causality or overlapping, refers to two or more behavior can lead to result, but in the absence of meaning of the contact, competing together results happened.

DA, B to kill intentionally to hurt common intent on C violence, death cause C C, but only a fatal wound, but can not find out the fatal injury caused by who. According to the principle of doubt is beneficial to defendants, identified a set attempted murder, b set up the crime of intentional injury.

 

[with25] about criminal law causal relation judgment, which of the following statements is true?( )

AKnowing that the victim was a penniless, but the use of violence, suppress the rebellion, forcing the other day to deliver the property of the victim, the next day delivery3000Element. There is no causal relationship between the acts of violence, and so a property, the case should be identified as robbery (attempted) and blackmail and impose exactions on crime (completed), the combined punishment for several crimes

B．AIn order to robbery, enterBAfter the housing, toBThe use of violence in pursuit of,BEscape to the balcony to balcony, along the side of the sewer pipe to climb down, but from3From the balcony on the floor.AViolence andBA causal relationship between the death

CC and D are onAThere, Bing Ding XiangAFood put in5Mg poison, and that5Mg poison not inducedADeath, then add in diced unknowingly5Mg poison,ADeath eating. Propylene delivery5Mg deficiency that poison itselfADeath, so by the poison andAThere is no causal relationship between the death

D．By the use of counterfeit credit card to store credit card consumption, the cashier to identify the card belongs to the forged credit card, but still be stamped by the unit in order to revenge, e get value2Million yuan of goods. There is no causal relationship between cheating and the loss of market e, e is only valid credit card fraud crime.

 

 A that B (two people without seeking) to burglary C property, in order to help B, a will advance C beating stunned; B that C into coma, had stolen property ", then that, B does not constitute the crime of robbery, only constitute the crime of theft; the nail should be convicted of robbery. If change to this case, with the use of forged credit cards by the cashier had penetrated, on the establishment of credit card fraud attempt; and the cashier to crime of credit card fraud.

 

[with26(]2003In paper two chapter41The following questions) about the causation in law which is correct?

AA killing his girlfriend, the brake device one day set out to destroy the car. Girlfriend as driving,15Minutes after the case of a steep slope, will fall off a cliff and died. However, the car with a girlfriend5Minutes later, in case of flash floods, mudslides rushed down the mountain from the. There is no causal relationship between the occurrence of death and a murder

B. B to kill his enemies Su, in the cliff edge of the cut7The knife, the seriously injured coma. B that Su had died, and left. But Su he woke up, just took the two step that he fell down from the cliff. The causal relationship between damage behavior of Su's death and B

C. 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

DDing 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 homicide clock death and ding ding on, even if a causal relationship exists between the error of cognition, but also constituted the crime of intentional homicide crime

 

[with27] about criminal law causal relation judgment, which of the following statements is true?(    )

ALiu and a known problem. One day, a in the street that I met Liu, Liu pointed to scold, two people fighting after a few words, a stick a picked up just beat Liu, to escape the chase, Liu Mou to run across the road, but ran into the road central. A taxi after, Liu a bump into serious injury. A causal relationship between a behavior and Ryu injuries.

B. B saw a stone is going down in Zhang's head, then push the stone Zhang, Zhang in the shoulder. Although Zhang shoulder hurt, even if B hope Zhang shoulder hurt, nor will hurt results attributable to B behavior.

C. C not in accordance with the provisions of the raw materials for disinfection, leading employees infectious disease death. But in fact, even C in accordance with the provisions of the raw materials for disinfection, can not find the virus. Because the unsterilized behavior does not exist the possibility cannot be avoided, so the death attributable to C behavior.

DIn a dangerous situation. When the passenger ferry staff, regardless of Ding "danger" warning, insisted on the ferry across the river Ding Rangqi. Ferry staff in transporting passengers to cross the river, the ferry capsized killing its passengers. The passengers due to recognize and accept the risk, not the results attributable to ferry staff ding.

 

[with28Which of the following statements about] the causation in law, what is correct (    )

AA to the killing of its rival three, deliberately to buy tickets, the travel, Zhang San promised, but travel in unexpected tsunami death, there is no causal relationship between Zhang San's death and a behavior, only constituted the crime of intentional homicide (attempted)

B. B to kill his enemies Zhao, in the river on the cut10The knife, the seriously injured coma. B thought that Zhao has died, he left. But2An hour later, Zhao wakes, mistaking sand suction throat, choking to death. The causal relationship between damage behavior of Zhao's death and B

C. C in the park for a seat and be strangers to each other's Tian quarrel, at each other during the scuffle, C pushed Tian Zhang, who collapsed and died after induced cerebral haemorrhage, heart disease, a causal relationship between C behavior and result of death

DButyl on killing the meaning, the victim Li Mou to use violence, which seriously injured coma, Ding is dropped into the abyss. After identifying: Lee is being abandoned when the boulder fell to his death. Ding Goucheng intentional homicide (attempted) and the crime of negligence causing death, it should be combined punishment

 

[with29The following case], the causal relationship between the behavior of a behavior and the harm result is (   )

AFood put poison. A to B, B poisoning after die not, but because of poisoning pain, then hang Dutch act dead.

BA kill B, B only minor injuries, but B because of superstition, and the incense ash daub cut, induced germ invades the body of death.

CA want to kill B, in the cliff edge to B cut5Knife, B seriously injured coma, a that B has died, he left. But B they wake up, just took the two step that he fell down from the cliff.

DA knife to kill B, B is injured, but the injured part and degree, not cause death; but B is hemophilia patients, after the injury bleeding to death.

EA shot B, although did not hit, but B is suffering from heart disease, surprised by gunfire, induced heart attack and death.

FA in the altercation with the B, alignment B chest a punch, B down tics, died on the way to hospital. After investigation, B is due to the stimulus, a heart attack and died, B neighbors know the disease, but a unaware.

GA knife to kill B, B in the wounded fled process by its enemies C, C think revenge opportunity must not be lost, he pulled a gun shot dead by B, B.

HA kill B induced b injured, B in hospitalized, C deliberately set fire to the hospital, B due to injury to avoid escape late the inferno.

IA breach of privilege. Civil servants play favouritism and commit irregularities, the interests of serious damage, C, C has a gun to kill to read. Security personnel to stop the behavior of ethylene propylene, propylene gunned down B.

JA drive by B, B hospitalized because of serious negligence, doctor B wound infection and death caused by malignant.

KA bus ride from the cityAToBMore. Because the automobile rush hour congestion, nail in the car had been standing at the door. In the running process of the automobile, the conductor B called a inside the train is crowded, other passengers get on and off, a firmly not from, two people fierce quarrel happened. Later, the driver was scolded a, a felt insulted, by foot kicked driver c back, the driver was a back, a Dodge, in this process, the car went out of control, leading to the pedestrian Ding bike was crushed to death.

LA shot in the cliff of the B, B has not yet been shot, but because of the scare, lead to slip died from falling off a cliff.

MA kill B induced b be completely bedridden, during an earthquake, B were injured and cannot escape death.