Causality in criminal law
Meaning in criminal law? The causal relationship between harmful behavior and harmful result refers to the causal relationship between harmful behavior and harmful result in the objective elements of crime constitution. When a harmful result occurs, to determine whether someone should be responsible for the result, it is necessary to find out whether there is a causal relationship between the harmful behavior he has carried out and the result. Basic characteristics? 1, the objectivity of causality. Causality, as an objective phenomenon and the relationship caused by it, exists objectively and is not influenced by human subjectivity. ? 2. The specificity of causality. Things are generally related. In order to understand individual phenomena, we must take them out of the universal relationship and examine them in isolation, one because of the cause and the other because of the result. The particularity of causality in criminal law lies in that it can only be the causal relationship between people's harmful behavior and harmful results. ? 3. Time series of causality. The cause must come first, the result can only come later, and the time order of the two cannot be reversed. In criminal cases, only before the harmful result occurs can the cause be found from the harmful behavior. ? 4. Conditionality and concreteness of causality Criminal law causality is concrete and conditional. In criminal cases, there is no fixed pattern of what harmful results harmful behaviors can cause. Therefore, when finding out the causal relationship, we must analyze the time, place and conditions of the harmful behavior in detail. ? 5. Complexity of causality Dialectical materialism holds that the diversity of connections between objective things determines the complexity of causality. ? 6. Causality in the crime of omission is to prevent things from developing in a dangerous direction, thus causing harmful results. The particularity of causality of omission crime lies in its premise that the actor has specific obligations. In addition, its causality should be solved as a crime. ? 7. Criminal causality and criminal responsibility The criminal causality provides an objective basis for investigating the criminal responsibility of the perpetrator, and does not mean that the problem of criminal responsibility has been solved. In order to make the actor bear criminal responsibility for the harmful results caused by his own actions, the actor must also have subjective intention or negligence. ? Causality: If the spatial distance between two events is divided by the time dimension and the quotient is less than 1, then there is causality between the two events. What is the form of causality in criminal law? Including the following: (1) One cause and one effect This is the simplest form of causality. Refers to the harmful behavior that directly or indirectly causes harmful results. In judicial practice, this form of causality is relatively easy to identify. ? (2) One cause bears many fruits, and one cause bears many fruits. Among all kinds of results caused by a behavior, it is meaningful to analyze the main results and secondary results, direct results and indirect results. ? (3) Multiple causes, one fruit and one fruit mean that a harmful result is caused by multiple harmful behaviors. Its most obvious manifestations are two situations: first, liability accidents; The second is * * * and crime. ? (4) Multi-cause and multi-effect means that multiple harmful behaviors simultaneously or successively cause multiple harmful results. Its typical performance exists in organized crime.