| Abstract [eng] |
Based on the works of various legal and philosophy scholars, the master’s thesis describes the development of causality throughout different historical periods, as well as defines the content of the concept of causality and presents several of the most relevant theories of causality that are of significant importance in determining causality in court practice. In Lithuanian criminal law, courts most often rely on the theories of adequate causation and substantial and operative cause to determine causality. The theory of adequate causation states that a causal link between actions and their harmful consequences exists when the actions increase the risk of the occurrence of such consequences. The theory of substantial and operative cause helps to identify the main and operative condition that caused the dangerous consequences. This work, by analyzing court practice and legal doctrine, reveals the characteristics of causality as an element of a criminal offense and identifies the criteria used to determine this element, which are applied in Lithuanian criminal law when examining cases. Court practice distinguishes the following criteria for determining causality: 1) necessary conditions for the occurrence of consequences, and 2) determination of the nature of causality, and also evaluates the criterion of objective inevitability when determining causality. Based on these criteria, the thesis analyzes cases from courts of different instances involving homicide, violations of road traffic safety or vehicle operation rules, and violations of occupational safety and health requirements, the review of which identifies and discusses the most common peculiarities of determining causality in cases of these categories. After analyzing the cases, the thesis highlights the importance of using expert knowledge in determining causality, the impact of the victim’s physiological and other actions on the causal chain, the determination of complex causality, and the assessment of the objective inevitability criterion in cases of different nature. |
