Research On Actio Libera In Causa

The theory of actio libera in causa is an important part of the criminal law of continental legal system,which has different approaches but equally satisfactory results with the Mayevsky Rules of common law system.However,the concept has not yet come to a conclusion,so there are many expressions in theory.Out of different historical backgrounds,different standpoints and the needs of criminal policies in different countries,jurists have different attitudes towards actio libera in causa.In fact,the social harmfulness caused by actio libera in causa is not less than that of ordinary criminal acts.For the purpose of preventing crime and defending society,when the perpetrator falls into a state of no or limited criminal responsibility for intent or negligence,but plays an absolute dominant role in the generation and development of the state,he should certainly be attributed to responsibility.Meanwhile,the position of accountability should also be adhered to without breakthrough,and it is meaningful to discuss the punishability of actio libera in causa from the standpoint of adhering to responsibility doctrine.In addition,it is also one of the key points of this paper to enrich the theory of actio libera in causa and to solve the problem of legislative loss in China by combining with the status of legislation and justice at home and abroad.Since the actio libera in causa is different from common criminal acts,so the judgment of the starting time point should be based on whether the legal interest has the urgent danger of being infringed due to its particularity,and specific problems should be analyzed specially.In the actio libera in causa,the problem of accomplice is unavoidable.What’s more,the judgment of accomplice is more complicated due to its unique property.Accomplice of actio libera in causa should based on the theory of accomplice in general crimes and consider its essential characteristics,then discuss how to convict and impute the perpetrators.