To act recognized crime, there must be a number of symptoms that are collectively called the corpus delicti.But there is an institute, which is essential to establish the fact of illegality - it is a causal relationship.In criminal law in any part of the material is always a sign of this, pointing to the face as a result of actions which occurred or that consequence.
concept
causation has two important positions from which she considered.This directly very reason, because of which was criminal trespass, and the consequence of that is the result.You should not confuse such concepts as the conditions and causes.The terms of such illegal behavior may be a few, and they can not give rise to an objective investigation.Because of the reasons as a consequence stems directly.For example, the terms of the fight can be a lonely street, good weather, finding guilty in a drunken state, and others.And the reason may be the fact that the victim did not give a cigarette.Thus, causation - this objective interaction (communication) between the act and its consequences.
Signs causation
in criminal law literature and identified a number of symptoms that characterize exactly this institution causation.Chief among them - objectivity.This means that there is no possibility for understanding human existence without the will of the people.The reason is the regulatory category.The law of causation suggests that there is a reason it gives rise to the investigation.Thus, there is an artificial selection of one cause and it was caused by the effects.After all, in any act there are an infinite number of factors that influence the commission of unlawful acts, but only one of them will directly cause.Third, it must be said that it is the existence of the reasons generates a consequence.If it was not, then the crime would be a different kind or would not have happened.
problems
causation remains the central problem of the theory.More specifically, the theory gives the issue at the mercy of practice.It turns out that in the enforcement activities of the investigating authorities and the court, there are serious problems associated with this issue.The theory at the moment can not develop a common concept of causality, which would meet all the requirements of practice.There is a diversity of theories and approaches of various scholars, while law enforcers need clear criteria, which would clearly indicate the wrongfulness of an act.
value
No institution is more important causation in law, because of its setting it depends on life and fate of people.If such a link is established, then it may already be based charges.In this regard, it is clear that the statutory definition is constantly in need of improvement.And it is important to review the scientific data collected to be able to create a unified concept in this field and its application in practice.
