Relevant Connection in Criminal Law Cover Image

Relevant Connection in Criminal Law
Relevant Connection in Criminal Law

Author(s): Volodymyr Benkivsky
Subject(s): Criminal Law, Sociology of Law
Published by: Wydawnictwo Adam Marszałek
Keywords: causal connection; relevant connection; Criminal Code; criminal law institute; complicity; crime; significant harm; grave consequences; relevance;

Summary/Abstract: The article is devoted to the study of modern problematic issues of causation in criminal law. These issues include, in particular, the issue of relevance of causation in criminal law itself, and the specifics of manifestations of relevance of causation in criminal law.The article notes that the purpose of scientific research is to identify and analyze the characteristics and criteria of relevant causation. The methods of the presented study include dialectical, systemic-structural, logical, etc. The re- sults of the study are summarized in a number of important provisions. The author emphasizes the importance of the study of causation in criminal law as a formal and legal one, which is related to the study of causation as relevant, meet- ing the requirements and solving the problems of modern criminal law.The article notes that the characterization of causation in criminal law should not be limited to the connection between an act and socially dangerous consequences, since causality expressed by causation is manifested in a com- bination of components which are part of the content of various criminal law institutions. The article examines some characteristics of the relevance of causation in criminal law. Attention is drawn to the importance of legal and technical reflection of causation in criminal law as a condition for the relevance of causation.The article notes that the formalization of causation is the basis for considering such a connection as relevant (meeting legal requirements). The author examines institutional and inter-institutional manifestations of causation in criminal law. Furthermore, the author examines the causal manifestations which combine a criminal offense (in par- ticular, a crime) and the legal consequences provided for by criminal law in relation to the subject who committed the offense. The article examines the peculiarities of causation in relation to certain criminal law institutions.The main conclusions of the study are the following: the need to clarify the criteria of relevant causation, the state- ment of relevant causation in criminal law within certain criminal law institutions, the need to consider causation in a broader criminal law context, and not only within the corpus delicti, etc.

  • Issue Year: 2/2023
  • Issue No: 2
  • Page Range: 61-67
  • Page Count: 7
  • Language: English