| Abstract [eng] |
Causality has been a debatable phenomenon in different scientific disciplines since time immemorial. Causal relationship, as an element of the composition of a criminal act, is found in legal documents, the origin of which goes back to the 18th century. before our era. Therefore, in order to better understand its significance in the field of criminal law, this paper delves into the concept of causation, its development in various historical periods in different branches of science, thus finally reaching the understanding of the concept of causation in the context of today's criminal law. In order to understand the essence of this phenomenon, the theories applicable to determine the causal relationship are analysed. Based on the scientific works of legal scholars, lawyers, and professors on causation, the methodology of determining causation in legal doctrine is analysed, as well as in Lithuania and other countries with continental and common law traditions. The work discusses and compares the methodology of determining causality and the peculiarities of determining causality in Lithuania, Germany, France, the United Kingdom and the United States of America. The practice of Lithuanian courts distinguishes two stages in order to determine causal relationship: first step is to determine necessary conditions for the emergence of consequences and second step is to determine the nature of the causal relationship. Analysing the methodology of determining causation in the doctrine and judicial practice aims to see and discuss the peculiarities of determining causality. With the help of separate categories of cases, attention is drawn to which particularities of determining the causal relationship in a specific case are more significant than other circumstances prevailing in the case. |
