Examples of causality in criminal law
In accordance with the legislation of the Russian FederationThe establishment of cause and effect relations is a mandatory point of investigation of crimes. It is a link between certain events or conditions and the end result of a wrongful act or omission. This type of communication takes place only in those cases when the crime is brought to an end, namely negative consequences have occurred.
Causal relations in criminal lawIt is used to detect the guilt of a person in a specific crime. By law, responsibility is borne only for dangerous consequences for society associated with the act or omission of the offender. Consequently, if the negative consequences for society are due to acts (or lack thereof) of the citizen, then he must be brought to criminal liability. In the event that socially dangerous consequences have come because of actions or behavior of other persons, any sanctions can not be applied to the citizen. In this connection, the question of whether a person's deed can lead to the onset of negative or criminal consequences is of great importance.
Criminal law as a science
This humanitarian discipline is based onmaterialistic philosophy. The scientific theory of the causal relationship between the action of a person (or the absence of such) and their negative result for society is based on the fact that in nature all events are interrelated and conditioned.
Any actions or lack of actions by a personsomething is conditioned. In order to understand whether the behavior of a citizen was a cause for the onset of dangerous consequences for society, a special method is applied in criminal law. Two of these events are artificially isolated from each other, after which it becomes clear which of them was the cause, and which is the consequence. Such a method in the materialistic philosophy and legislation of the Russian Federation is the starting point in conducting an investigation and deciding whether there is a causal relationship. In criminal law, theory proceeds from the doctrine of regularities and spontaneous events.
This doctrine presupposes the substantiation of the need for processes and phenomena that are interrelated. That is, under specific conditions, events develop systematically.
Randomness, on the contrary, does not have a significant attachment to previous events. This is rather an incidental phenomenon, which does not necessarily occur and can not be predicted.
Philosophical-materialistic theory considers necessity as a set of accidents. As a result, randomness is an integral part and a manifestation of necessity.
Considering all the circumstances of the incident,criminal law considers it, as a result of necessity and accident. That is, crimes can be natural and spontaneous, but responsibility for them comes only when necessary. This is due to the fact that a person is able to correctly reflect, to learn only legitimate events.
The conclusion that the crime was the result ofactions of a particular person, is done on the basis of time sequence. For example, if a person's action occurred after the result, then it can not be considered as a reason.
Types of communication
Currently, there are two categories, which characterize the nature of the crime. Examples of cause-effect relationships:
- Straight. At the same time, the development of the event was provoked by the behavior of a person who carried a danger to society. No other forces and people influenced the process. For example, a criminal shot a victim directly into the heart.
- Complicated is characterized by the fact that the finalthe result is the action not only of the attacker, but also of the outside forces. For example, one person slightly pushed the other, the victim slipped and hit the wheels of the car.
In the second case, examples of a cause-effect relationship are characterized by the availability of an opportunity to commit a crime and the operation of outside forces.
During the investigation, the person's responsibility for the incident is reduced depending on the amount of third-party impact on the event, criminal intent and other circumstances are taken into account.
Examples of causality
In order to be able to consider the behavior of a personthe basis for the crime, it must form the probability of negative consequences. That is, the husband is not to blame for the fact that his wife drowned in the resort, even if he bought her a ticket to the sea. The connecting link in this chain is missing, because the actions of a caring spouse did not form a danger for the victim.
Examples of causality, whereThe starting point was the inaction of a person in a trial, considered to be controversial. The fact is that inaction of citizens does not form a situation, but allows to happen to that which is natural.
In any case, this moment is veryimportant in the investigation and is established through forensic examination and other things, to bring the right charge. This is especially true when there is a fatal outcome. The investigation reveals how it is possible to qualify the actions of the guilty: deliberate killing, exceeding the necessary defense, causing death by negligence. Each option has its own measure of restraint, grounds and refers to a separate point of law.