Lobanova L.V., Larionova L.N. Alternativeness of the Causal Connection as Corpus Delicti Sign

DOI: https://doi.org/10.15688/jvolsu7.2016.3.6

Lyubov Valentinovna Lobanova

Doctor of Juridical Sciences, Professor, Head of Department of Criminal Law,

Volgograd State University

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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Larisa Nikolaevna Larionova

Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law,

Volgograd State University

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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation


 

Abstract. The paper analyzes the various concepts of a causal connection in criminal law, discusses the disadvantages and difficulties of its practical implementation, arising from the local influence of individual causation theories, bringing in the question of a causes’ consequences the subjective factor – the issue of the fault of the subject, unsuccessful attempts to delineate the circumstances in terms of their impact on the onset of the result, etc. The carried analysis covers more than six centuries of the criminal legal views’ development on the issues of causation (14th century – 21st century) and leads to the idea that the perfect solution is not found yet. The authors make conclusion that attempts to find a universal algorithm to answer the question whether we can call an act the cause of socially dangerous result, of course, should be taken. But we must admit that the causal connection between the socially dangerous act and socially dangerous consequences in the materially defined crime is an important, but, nevertheless, an alternative feature. In some cases, it is replaced by other forms of determination, for example, a conditionality connection, inspired connection and others.

Key words: cause, condition, socially dangerous act, socially dangerous consequences, causal connection, chain of causation, conditional connection, inspired connection.

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Alternativeness of the Causal Connection as Corpus Delicti Sign by Lobanova L.V., Larionova L.N. is licensed under a Creative Commons Attribution 4.0 International License.

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