The Definition On Causal Relationship In Cases Related To Malicious-Injury-Caused Death

Aggregated consequential offense is a crime stipulated in the Criminal Law ofChina. A malicious-injury-caused death is a kind of aggregated consequential offense,which is clearly stipulated in the Criminal Law. But it is not so easy to apply thisstipulation in judicial affairs. To find out whether the injury behavior is connectedwith the death is an important basis to decide whether the criminal should assumecriminal responsibility. In the Judicial Practice, a case related to amalicious-injury-caused death is always complicated. Different judges on severitydegrees, different understanding on subjective culpability about the causalrelationship and different subjective faults of the perpetrators lead to different courtdecisions made by judicial departments. The application of causal relationship in theCriminal Law and subjective culpability of the criminal etc have influences onconvicting the criminal. For more precise convictions in judicial affairs related tomalicious-injury-caused deaths and less disputes, this article puts forward followingpoints of view in terms of causal relationship.Questions are raised after the contrast on similar cases. In similar cases, differentconvictions are given according to different situations and theoretical bases. Thesequestions are discussed in this article from different angles based on cases involving the victims with special physical.In the theoretical aspects, the theory of causal relationship ofMalicious-injury-caused death are discussed from the view of the analysis of thetheory of causal relationship obeyed in foreign Criminal Law. The situation theoryand the objective imputation theory are supported from the aspect of causalrelationship theory and criminal responsibility.The definition on malicious-injury-caused deaths in the aspect of causalrelationship is also discussed. Firstly summarize the characteristics of causalrelationship in such cases. In defining the relationship between the injury behaviorand the death, when the injury is the result of the subjective culpability of the criminal,the subjective culpability of the criminal is defined as negligence. Different issuesshould be analyzed differently based on the conclusion of the causal relationship incases related to malicious-injury-caused deaths. In cases where deaths areimmediately caused after the injury behavior, the issue should be discussed from theangle of the fatal injury. In cases where deaths are caused by non-common criminalinjury by multiple people, the causal relationship should also be defined according todifferent situations.