Open AccessChain of Causation: Omission Committed by the Obligor
Author(s) -
Владислав Владимирович Радов
Publication year - 2020
Publication title -
vestnik kemerovskogo gosudarstvennogo universiteta. seriâ: gumanitarnye i obŝestvennye nauki
Language(s) - English
Resource type - Journals
eISSN - 2541-9145
pISSN - 2542-1840
DOI - 10.21603/2542-1840-2020-4-3-278-286
Subject(s) - causation , causality (physics) , law , doctrine , element (criminal law) , criminal law , dialectic , psychology , political science , criminology , epistemology , philosophy , physics , quantum mechanics
The article deals with theoretical and law-enforcement problems of establishing the chain of causation in crimes of omission committed by the obligor. The doctrine of criminal law developed an unambiguous philosophical understanding of causality within the framework of dialectical materialism. However, such scientists as Prof. V. B. Malinin and Prof. Z. B. Soktoev came to polar conclusions about the absence and presence of a causal relationship in cases of criminal omission. The author criticizes the so-called golden rule of causality in cases of omission and the comprehensive reason for omission. He believes that omission cannot be recognized as a condition of an antisocial result. The author uses the relativistic approach to causality to explain the relationship between the failure to fulfill one's professional or official duties and the resulting antisocial consequence. He proves the conditioning relationship in such situations and states the correlation of causation and condition, as well as the limits of understanding causality as an element of the objective aspect of a crime. Apparently, doctrinal controversies affect the law enforcement. The article introduces the latest judicial practice and positions of the courts on the legal content and legal consequences of establishing an indirect, indirect, and mediated causation chain. The category of causality cannot be used for the purposes of criminal law qualification due to the fact that law and natural science have a different understanding of causation. The research questions the significance of forensic medical examinations in cases of iatrogenic crimes in relation to the causal relationship and their assessment by the court. In this article, the issues of causality are considered only for such cases of omission that presuppose a failure to fulfill professional or official duties in a negligent crime. Therefore, the author does not claim to be exclusive of conclusions and proposals. As Academician V. N. Kudryavtsev said, the configuration of chain of causation depends on the corpus delicti or the type of crime.