论原因自由行为

Discussion on Actio Libera in Causa

对于因饮酒或者吸毒而使自己陷入心神丧失或者心神耗弱状态者,"原因自由行为"理论是用以追究其完全刑事责任的法理。如何符合"行为与责任同时存在"原则是其最大难点。对此,存在三种思路:一是以原因行为作为实行行为的"构成要件模式";二是以结果行为作为实行行为的"责任模式";三是将原因行为与结果行为概括地作为"一系列的行为"而整体认定为实行行为的模式。其中,"构成要件模式"是以责任能力没有问题的原因行为作为处罚对象行为,但同时要求,必须是以结果行为为介,作为结果之引起,原因行为的危险被现实化。

For those persons putting themselves in the state of unconsciousness or feebleness of mind on account of drinking or taking drugs, the theory of actio libera in causa is the legal principle used to identify their complete criminal responsibility. The most difficulty is how to meet the principle that behavior and responsibility coexist. There are three methods to solve this difficulty： the pattern of the constitution element regarding causal action as act of perpetrating; the pattern of responsibility regarding act of consequence as act of perpetrating; the pattern of regarding entirely a series of act broadly including causal action and act of consequence as act of perpetrating. Thereinto, the pattern of constitution element regards the causal action that the capacity for responsibility of actor has no problem as the object act of punishment, but at the same time, this pattern requires that the danger of causal action be realized by regarding the act of consequence as medium and causal action the cause resulting in consequence.