Action Libera In Causa

Action libera in causa , refers to acts because of their own sin result in a sense of unclear or act out of control state, and no criminal liability in this capacity or limiting the liability of the state of implementation capacity of the crime Elements of composition. Cause of liberty legislation, the provisions of crime began drink. Today, many scholars advocate for the cause of freedom should be expressly provided in the Criminal Code. Such ideas become trends, and in the world of criminal theory, legislative affairs in the administration of justice is embodied.The reason why action libera in causa put forward is that action libera in causa and the Principle of Criminal Liability due to the conflict .The Principle of Criminal Liability. , and also known as the "principle at the same time", which calls for Responsibility must exist on when the crime was committed, a crime or not. But the cause of liberty, and from one perspective, is the responsibility of people in a restricted capacity or ability there is no obligation under the act, from another perspective, in a capacity or limiting the liability under no obligation to capacity because of the sins of their people caused. So how to solve the reasons for the freedoms and responsibilities between the contradiction is the core content of this paper. From the beginning of this article for reasons for the concept of starting with the free exercise of the freedom to make different reasons for the general criminal acts defined, and based on this, summed up the reasons for the free exercise of the six characteristics of the free exercise of reason and theory on the formation of history made to sort out. On different periods in history in terms of theory and practice for the sector on the free exercise of the reasons for the different viewpoints. The third part, the author according to different classification criteria will be divided into intentionally causes of liberty and the free exercise of the reasons for the fault, the spirit of loss and the reasons for the freedoms Jingshenhaoruo two categories, and a brief analysis of the reasonableness of such a classification . Part IV of the main reasons for the free exercise can be carried out analysis of impunity. Based on the reasons for the free exercise of the people's feelings and the need to maintain social order and must be punished: But this punishment and the principle of responsibility for the request is to the contrary. For the sake of coordination between them, there has been a wide range of model theory, have the responsibility to maintain model, the responsibility that model, is also responsible for exceptions mode. In his article, the author through analysis that the model adopted exceptions to reconcile these contradictions more reasonable. In the article, the conclusions of the cause of freedom in a comprehensive review of theory and the legislature on the basis of the status quo, to the cause of freedom for the legislative proposals.