Causal connection in criminal law: concept, features and meaning

In order for an act to be recognized as criminal, it is necessary to have a number of features, which together are called the composition of the crime. But there is an institution without which it is impossible to establish the fact of wrongfulness - it is a causal connection. In criminal law, in any material composition, there is always this sign, indicating the person, as a result of whose actions this or that consequence has occurred.

The concept of

Causal connection in the criminal law has two major positions, from which it is considered. This is directly the reason itself, because of which there was a criminal assault, as well as a consequence, that is, a result. Do not confuse such concepts as condition and reason. There can be several conditions for the specified unlawful behavior, and all of them can not objectively generate a consequence. From the cause of the same result directly flows. For example, the conditions of the fight can be a deserted street, good weather, finding the guilty in a drunken state and others. And the reason may be that the victim did not give a cigarette. Thus, causality in criminal law is an objective interaction (connection) between an act and its consequences.

Symptoms of causality

In the literature and the criminal law , several features are singled out that precisely characterize this institution of causation. The main one is objectivity. This means that there is no possibility for the knowledge of man, existence without the will of people. The reason is a normative category. The law of causality tells us that there is a reason, it generates a consequence. Thus, there is an artificial isolation of one cause and the consequences that come from it. After all, in any act there are an infinite number of factors that affect the commission of illegal actions, but only one of them will directly be the cause. Thirdly, it must be said that it is the existence of a cause that gives rise to a consequence. If it were not, the crime would have a different appearance or it would not have happened at all.

Problems

Causal connection in criminal law remains the central problem of the theory. More precisely, the theory gives this issue to the hands of practice. It turns out that in the law enforcement activities of the investigative bodies and the court there are serious problems related to this issue. The theory at the moment can not work out a single concept of causality that would meet all the requirements of practice. There are a variety of theories and approaches of various scientists, whereas law enforcement agencies need clear criteria that would unequivocally point to the wrongfulness of a particular act.

Value

No more important than the institution of causation in law, because the life and fate of people depends on its establishment. If such a link is established, then accusation can already be based on it. In this regard, it becomes clear that the legislative definition is constantly in need of improvement. And it is important to revise the collected scientific material so that there is an opportunity to create a unified concept in this field and apply it in practice.