On The Inculpation Of Actio Libera In Causa

Actio Libera in Causa (hereinafter referred to as the"alic") is an important criminal law theory in continental legal system. Nowadays, nearly all of scholars admit the strafbarkeit of alic. The alic is actually punished as stated in criminal legislation and in the legal practices in various countries. However, there is conflict between the alic punishment and the principle of culpability or even the nullum crimen sine lege.This paper is formed by and includes five parts.Part I. Part I is a detailed definition of the alic. The Part I, based on the position of the alic in the criminal theory, gives the standard regarding applicable scope of the alic, and in accordance with the forging standard exclude self-trapping into limited capability, negligent acts of self-trapping and directly mistaken self-trapping acts from the alic. This paper gives a thought that the alic is only a indirectly mistaken act.Part II. The Part II gives detailed analysis of the alic. In this part, the following 4 Questions are answered: a) the alic does not equal to self-trapping, since the alic is one of the self-trapping acts; b) the dangerous acts by the actor without responsibility cannot, and shall not be a separate act; c) the actor loses its responsibility instead of capability or control capacity; d) the alic is a kind of result crime, without unfinished form.Part III. The Part III give a jurisprudent review of the strafbarkeit of alic. This part mainly points out the conflict of the alic punishment with the principle of culpability, the nullum crimen sine lege and the non-punishment ideology.Part IV. Part IV gives an analysis of the alic structure based on acts theory. As stated in this Part, non-punishment by the traditional criminal law theory of the alic results from the wrong acts theory. This Part makes a theoretic critics to the traditional acts theory and an analysis of the conflicts between the traditional acts theory and the alic theory. Thereafter, the Control Behavior Theory is agreed and proposed by the writer. Based on the Control Behavior Theory, actio praecedens action and the actio subsequens action constitute an act. Neither is an independent act.Part V. Part V gives a detailed explanation of the basis for punishment of the alic. As stated in this Part, the writer gives NOs to the traditional basis for punishment of the alic, which either denies the Responsibility or separate the unified acts. The basis for punishment of the alic has two aspects: a) in view of value focused, punishment of the alic satisfies the requirement regarding morality; b) technically, punishment of the alic meets both the Three Elements required in continental legal system countries and Four Elements required in our country.