In order for an act to be recognized as criminal, it is necessary to have a number of signs, which are collectively called the corpus delicti. But there is an institution without which it is impossible to establish the fact of wrongfulness - this is a causal relationship. In criminal law, in any material composition, this attribute is always present, indicating a person, as a result of whose actions one or another consequence has occurred.
The concept
Causation in criminal law has two critical positions from which it is considered. This is directly the reason itself, because of which the criminal assault occurred, as well as the consequence, that is, the result. Do not mix concepts such as condition and reason. There can be several conditions for this unlawful behavior, and all of them cannot objectively give rise to an investigation. From the cause, the consequence directly results. For example, the conditions of a fight can be a deserted street, good weather, a guilty person in a drunken state and others. And the reason may be that the victim did not give a cigarette. Thus, causal relationship in criminal law is an objective interaction (connection) between the act and its consequences.
Signs of causation
In the literature and criminal law there are several signs that exactly characterize this institution of causation. The main one is objectivity. This means that there is no way to know a person, to exist without the will of people. The reason is a normative category. The law of causation says that there is a reason, it gives rise to a consequence. Thus, there is an artificial separation of one cause and the consequences that have arisen from it. Indeed, in any act there are an infinite number of factors that affect the commission of illegal actions, but only one of them will directly be the cause. Thirdly, it must be said that it is the existence of a cause that gives rise to a consequence. If it had not existed, then the crime would have had a different look or it would not have happened at all.
Problems
Causation in criminal law remains the central problem of the theory. More precisely, theory puts this issue at the mercy of practice. It turns out that in the law enforcement activities of the investigating authorities and the court there are serious problems associated with this issue. The theory at the moment cannot develop a single concept of causation that would meet all the requirements of practice. There are a variety of theories and approaches of various scientists, while law enforcement authorities need clear criteria that would clearly indicate the wrongfulness of a particular act.
Value
There is no more important institution of causation in law, because the life and destiny of people depends on its establishment. If such a relationship is established, then the prosecution may already be based on it. In this regard, it becomes clear that the legislative definition is constantly in need of improvement. Moreover, it is important to review the collected scientific material so that it is possible to create a single concept in this area and put it into practice.