Action Libera In Causa And Its Concrte Appliation

In the German and Japanese criminal law theory, Actio Libera In Causa major research was the perpetrator in the subjective attitude of the intentional or negligent itself under no obligation or restriction of responsibility, and this lack of responsibility in my State has implemented a specific constituent elements of criminal acts to issues of criminal responsibility. Among academics for Actio Libera In Causa has conducted in-depth research and analysis from different perspectives, many of these views were also recognized in most criminal law scholar, however due to individual scholars for actio Libera In Causa theories interpretation is not exactly the same, leading to cause free of acts punishable under also has a different story.Actio Libera In Causa in the first part of this article in three main points:the indirect are guilty of similar said s, said the results, as well as exceptions, and focuses on Germany, and Japan with China and China's Taiwan region for theory of Actio Libera In Causa-related legislation, as well as on its comment on the legislation. I support similar to said on the basis of indirect principal offender, the scholar for the different opinions of the Actio Libera In Causa, in crimes of different causes of this article in accordance with freedoms, Actio Libera In Causa can be divided into a restricted area no responsibility in State and State responsibility, intent and negligence committed in the case of and, as in the case of and not as committed.For the cause of freedom under the limited liability status, although some scholars believe that Actio Libera In Causa shall not apply under the limited liability status, but for social equity and the protection of any person's point of view, the legal interest, Actio Libera In Causa theory can apply. Because the perpetrator causes behavior set the stage has under its original meaning when you want to make yourself into a non-State responsibility and criminal acts should be subject to criminal penalties.For deliberately crime occasions Xia of causes free behavior, as long as in causes behavior stage has will themselves into responsibility ability missing of deliberately, and in causes behavior stage in will themselves into responsibility ability missing zhiqian on has implementation a crime of subjective intent, and this subjective intent and in results behavior Shi by implementation of crime is consistent of, for this crime behavior, on can applies causes free behavior theory be punishment; for fault committed occasions Xia of causes free behavior. Cause time to yourself in a missing State responsibility of intentional or gross negligence, causes and stages the implementation of a specific criminal negligence or intentionally, you can apply theories of Libera.And not as a crime, as in the theory of criminal law does not have a complete theory of the crime. While the scholar is also applicable to crimes of omission Actio Libera In Aausa has a different argument, but because the perpetrator himself into a State of lack of responsibility is not willing to perform when, a means of specific obligations, so no longer apply or does not have a complete theoretical system of freedoms.