Actio Libera In Causa

The theory of actio libera in causa has always been one of the theoretical difficulties in criminal law due to its difficult to reconcile with the principle of liability and the legal principle of crime and punishment.The concept of actio libera in causa is still controversial in academic circles,mainly focusing on fault and self-trap to limit liability Whether the state of ability can be established as a cause-free action is not a theory.It is because scholars have come up with various interpretations in order to criticize this kind of behavior.This theory constitutes the theory and discusses the punishability of cause-free action.The ideas can be summarized into two types,focusing on the maintenance of responsibility or the principle of maintaining the legal principles of crime and punishment.Therefore,three types of interpretation modes have been formed,which include the requirements mode,expansion mode,and exception mode.Because different countries have different legislation and judiciary on the cause of free behavior,the theory of cause of free behavior is very complicated,The cause and development of the theory of free behavior are related to Germany.The huge impact of legal regulations and the theory of class crime.At present,the provisions of the German Criminal Code do not directly respond to the theory of free action of causes.It adopts a piecemeal legislation(providing intoxication crimes)and a model of constitutive elements to solve the problem.Non-selectable applicable mitigation clauses provided for in the General Provisions The sub-clauses do not provide relevant crimes for corresponding self-trap behaviors,making it difficult to punish the crime of self-trap liability obstacles in judicial practice.The combined score-based legislation model adopted in Italy makes detailed provisions on the subjective status of the actor.In order to punish the cause of freedom of action with a legislative basis,the problem of interpretation of the cause of freedom of action has been transformed into a question of legal interpretation.At present,China's legislation concerning the act of freedom of cause is only provided for in Article 18,paragraph 4,of the Criminal Law.The understanding of the theory of actio libera in causa is shallow,and under the dominance of the criminal policy against crime,there still exists the problem of objective conviction and the wanton expansion of the right to punish.Based on this,we should promote both legislation and justice at the same time.The legislative model adopts combined score-based legislation,and the judicial level interprets it under the constraints of statutory punishment,accountability,and subjective and objective consistency,in order to reasonably limit the right to punishment.