Причинная связь в сложных ситуациях: уголовно-правовая наука и судебная практика

Право. Журнал Высшей школы экономики. 2016. № 1. С. 81–102.

Esakov G.

The article is devoted to non-ordinary cases of causation in criminal law. The author starts with the critical review of general theories and blames them for their ineffectiveness in dealing with specific cases connected with the multiplicity of causes, victim’s condition, intervention of other actors. All these cases are divided into three groups, namely ‘aggregate causality’, ‘atypical causality’ and ‘intervening causality’. With regard to each group there are formulated general rules of imputation of liability based primarily on idea of conditio sine qua non and limitation of liability. The author reveals the interaction between different modes of causation i.e. transformation of ‘aggregate causality’ into ‘intervening causality’. Review of case law allows to formulate clear rules of imputation of liability distilled from philosophical and theoretical overburdened constructs. With regard to various specific types of non-ordinary causation, there are proposed as possible different approaches based either on strict adherence to objective view on causation and limitation of liability as a consequence or on more flexible approach allowing imputation of liability in morally and socially blameworthy cases. Theory and practice of common law and continental law systems are also widely used as a supporting basis for some propositions. The article concludes with proposed general rule. However, this general rule may be subjected to further clarifications and exemptions. The author also urges not to try to elaborate in future the general theory of causation applicable to the whole body of criminal law. Instead it is expected development of special rules much needed in real practice.

Keywords: причинность, causation, conditio sine qua non, intervening cause, imputation of liability, conditio sine qua non, привходящая причина, вменение результата, теория эквивалентности, разрыв причинности