The Research On The Actio Libera In Causa

Actio Libera in Causa speaking of our country criminal law theorists is an imported product."Actio libera in cause"means a state ,caused by the behavior himself with intent or by negligence ,in which he without legal competence has committed an act that satisfies the constitu tion of crime ,and he committed the act and the harm with intent or by negligence. Actio Libera in Causa has six characteristics. According to the different standard we may classify Actio Libera in Causa; intentionally Actio Libera in Causa and the error Actio Libera in Causa, the non-responsibility ability Actio Libera in Causa and the limit responsibility ability Actio Libera in Causa.The punishable of Actio Libera in Causa obtained the widespread acknowledgment, although the conflict between Actio Libera in Causa and the Principle of Criminal Liability exists. We may regard Actio Libera in Causa as the exception of the Principle of Criminal Liability. Actio Libera in Causa 's crime form may be intent or negligence. In the non-responsibility ability Actio Libera in Causa, we recognize the sin form in the reason behavior stage, but in limit responsibility ability Actio Libera in Causa, we recognize the sin form in the result behavior stage.The executive conduct of Actio Libera in Causa is the key to recognize the crime form of Actio Libera in Causa. The time of implementing the result behavior is the time of Actio Libera in Causa violates executive conduct. The 18th 4th article of the criminal law is imperfect and we must improvement of legislation, and the legislative pattern of criminal law general rule and the minute unifies is quite reasonable.