Study On Actio Libera In Causa Of Crimnal Law

Actio libera in causa of criminal law is special theory that it has some difficulties but apply widely. Firstly, act of perpetrating in Actio libera in causa does not have the same and reasonable view. Secondly, although the punishment of Actio libera in causa does not have any argument, the disput in principle of responsibility and Actio libera in causa leads to the unreasonable being. The latter is more imported. Actio libera in causa is a heated topic. The paper is basic on act of perpetrating of Actio libera in causa, seeking the way to solve the disput.The paper is divided three parts.Chapter one, put forward the difficult positions. This part contains origin and the argument of punishment about Actio libera in causa. It is a supplement of criminal law. This part is a basic of Actio libera in causa. Then, the conception of Actio libera in causa, including form of sin and state of self-trapping. Direct intention should be removed from form of sin. State of self-trapping consists of incapacity for criminal responsibility and limited capacity for criminal responsibility. End, the difficult positions. One is the definition of act of perpetrating. Another is the dispute between Actio libera in causa and the principle of responsibility. The act of perpetrating is the prepare to solve the dispute. The purpose of this paper is to solve the dispute.Chapter two, the definition of act of perpetrating of Actio libera in causa. Behavior theory is the basic. Anglicizing on subjective factors, objective elements and evaluation factors. Summarized the standard of act of perpetrating in criminal law. They are the accordance of the next part. Next, introduction the theory on act of perpetrating of Actio libera in causa. According to the standard above, in incapacity for criminal responsibility, action praecedens is the act of perpetrating of Actio libera in causa; in limited capacity for criminal responsibility, Actio libera in causa and action subsequens can be considered the whole, the whole is the act of perpetrating of Actio libera in causa.Chapter three, defuse the dispute. Firstly, introduce three theories about the dispute, theory of Maintenance, theory of revise and theory of exception. The theories provide experience and thinking. Secondly, state the prerequisites. The paper agree with premise in theory of Maintenance, and put forward two structural models of Actio libera in causa. At the last, the paper expounds the views about defusing the dispute in incapacity for criminal responsibility and limited capacity for criminal responsibility.