OBSERVATIONS ON ESTABLISHING CAUSATION IN CRIMINAL LAW
OBSERVATIONS ON ESTABLISHING CAUSATION IN CRIMINAL LAW

Author(s): Victor Andrei Cărcăle
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: causation; cause; effect; objective and subjective side; criminal law;
Summary/Abstract: In the present communication, we feel the need to present some observations on the causal link (relation) in criminal law, because the essential problem of the causal link is not, however, to know what the degree of contribution of each factor of the isolated antecedence is to the production of the result, this being a subsequent problem, of dosing the liability but, first of all, which of the factors can be considered as a phenomenon cause of the result, entailing a criminal liability, and which remains beyond the causal consideration. The assessment of antecedent factors, not in terms of the intensity of their contribution, but in terms of their status as causal phenomena, is the key issue of causation. Moreover, among other things, we point out that the legal sciences study human conduct, as an object of legal regulation and as an object of control when it deviates from the conduct that is due and necessary according to what is regulated. Conduct always generates consequences and therefore has a causal value, regardless of whether it takes the form of action or inaction.

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