ADEQUATE CAUSATION THEORY AND THE PROBLEM OF SEPARATING IT FROM GUILT
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Abstract
The article deals with the most widespread theory of adequate causation (causality). The problem arising from the process of its identification is that the causal connection, as an objective feature of a criminal act, due to an improperly chosen theory, is identified with the subjective features of the criminal offense – guilty. In the article, a more detailed analysis has attributed the causal relationship as an objective feature of the criminal offense. Therefore, it is reasonable to look at the nature of the causation and the content of the adequate causation theory. The article inevitably reveals the differences between the criminal offense elements - the causation and evidence of guilt. In the article, the author analyses criminal and civil law regulations relevant to the causation topic and alternatives available for changing the incorrect theory.
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Articles
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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.
