Causation in Non-Ordinary Situations: Case Law and Crimina lLaw Theory

Abstract

The article is devoted to non-ordinary cases of causation in criminal law. The author starts with the criticalreview of general theories and blames them for their ineffectiveness in dealing with specific casesconnected with the multiplicity of causes, victim’s condition, intervention of other actors. All these casesare 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 primarilyon idea of conditio sine qua non and limitation of liability. The author reveals the interaction betweendifferent 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 philosophicaland 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 objectiveview on causation and limitation of liability as a consequence or on more flexible approach allowingimputation of liability in morally and socially blameworthy cases. Theory and practice of common lawand continental law systems are also widely used as a supporting basis for some propositions. Thearticle 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 theoryof causation applicable to the whole body of criminal law. Instead it is expected development of specialrules much needed in real practice.