The Foundation Of Criminal Responsibility Of Actio Libera In Cause

The term of"actio libera in cause"was originated in continental law, which means that a person commits a crime under the condition of non-criminal liability or limited criminal liability, but the condition is caused by the person himself or herself. The issue is that,in above mentioned situation, the suspect may use insanity defenses and stress his behavior was in the state of out of control. Therefore, although there are many theories provided by academics and legal practices to solve this difficult question, it is still unable to solve this dilemma perfectly, due to the challenges from the principle of culpability and the principle of no punishment without law. The author hope, this master-degree thesis could provide some new perspectives on the problem of actio libera in cause. The thesis was divided into three parts.Introduction introduces briefly the purpose, the method and meaning of research.The main body is composed of the four parts as followings:Part one. The generality of the actio libera in cause briefly introduces the conception, the classification, and the domestic and foreign legislative practice.Part two. The theoretical concerns about the punishment of actio libera in cause and introduces the theoretical challenges from the principle of no punishment without law and the principle of culpability.Part three introduces and discusses the existing notions about the basis of the criminal responsibility of the actio libera in cause. In this part, the author introduces diverse theories to clarify the basis of criminal responsibility of actio libera in cause. However, it is still unable to solve this problem perfectly and without being criticized.Part four elaborates the author's opinion about the basis of the criminal responsibility of the actio libera in cause. In this part, the author tries to provide some new perspectives on the problem of the criminal responsibility of the actio libera in cause.The conclusion summarizes the whole thesis.