| Abstract [eng] |
Causation is interpreted in various scientific disciplines, including law. Therefore, in order to better understand the concept of this phenomenon, this study investigates causation in other disciplines as well, thus delimiting and distinguishing criminal law. It has been noticed that causation in the criminal law is understood to be legal and social phenomenon having ontological and normative aspects. Therefore, the concept of causation in criminal law cannot be identified with the philosophical or scientific interpretation of this phenomenon. This is well-illustrated with the help of specific case-law examples that are provided in this paper. In Lithuanian case law, the methodology for establishing a causal link consists of two stages: (1) determining the necessary condition for the occurrence of effect and (2) determining the nature of the causal link. This study shows that the problems of causation in the case law (Lithuanian context) are largely determined by the second stage of the existing methodology, i.e. the determination of the nature of causation, which is decided on the basis of subjective criteria that is incompatible with the objective nature of causation as a phenomenon. Moreover, the problem with the existing methodology is also justified by the fact that it is often insufficient for the court to resolve the causal link correctly. Moreover, frequently, in case law the causation is established with the help of other causation theories: the novus actus intraveniens, the operative and substantial cause theory, the fatal blow theory, the theory of the totality of death from injuries, and the de minimis rule of causation, according to which the causal condition must contribute more than minimum to the effects. |
