Causation in Criminal Law and Problems of it’s Proof in Courts Practice
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Abstract
Casual relation between criminal conduct and inflicted consequences is one of the element of crime in those articles of Penal code where criminal liability depends on particular consequences of the behaviour of the person. Causation in criminal law has objective ground, so it can be learned and established in every criminal case. However in many cases establishing the casual relation is not simple, particular in cases of homicide, bodily injuries, traffic accidents. The author starts with analyses of theoretical aspects of notion of casual relation. One of the issues important for further conclusions is terminology. Cause and consequence are the main terms. The author explains the meaning of these terms. Further the author pays attention on the steps that are necessary to establish legally significant conclusions.
The first step and essential precondition to determine whether legally significant casual relation presents is establishing whether conduct was essential condition for consequences. The author presents several practical examples and explains the method how to decide whether conduct was the essential condition to rise the consequences.
Further the author classifies casual relation into two categories: necessary and accidental casual relation. He stresses that just necessary casual relation inflicts legal consequence – criminal liability for conduct. Accidental casual relation don’t inflicts criminal liability for conduct.
The author analyses two forms of casual relation – direct and complicated casual relation and their impact on liability.
Much attention the author pays to court practice. He analyses several cases where courts faced with the problems when establishing casual relation.
The author pays attention that casual relation does not determine criminal liability without guilt.
The first step and essential precondition to determine whether legally significant casual relation presents is establishing whether conduct was essential condition for consequences. The author presents several practical examples and explains the method how to decide whether conduct was the essential condition to rise the consequences.
Further the author classifies casual relation into two categories: necessary and accidental casual relation. He stresses that just necessary casual relation inflicts legal consequence – criminal liability for conduct. Accidental casual relation don’t inflicts criminal liability for conduct.
The author analyses two forms of casual relation – direct and complicated casual relation and their impact on liability.
Much attention the author pays to court practice. He analyses several cases where courts faced with the problems when establishing casual relation.
The author pays attention that casual relation does not determine criminal liability without guilt.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
