| 英文摘要 |
Actio libera in causa implies a specific outcome element: “self-indulgence in a state of disability” (self-intoxication). Carrying out a wrongful act in this state is like the perpetrator has weakened his ability to control his own behavior, especially “to exclude or reduce the ability to avoid infringing on the legal interests of others”. Here, the scope of obligations of the code of conduct includes the state of not allowing oneself to be impeded by the ability to be responsible, which means that the code of conduct violated by the perpetrator’s performance of the resulting behavior, and the scope of validity will be expanded based on the implicit result element of self-intoxication. to the category of causal act. Since the causal act is still a violation of the code of conduct obligations, it is in line with the behavior stipulated in Article 19 of the Criminal Code. In addition, in the future revision of the law, in addition to the two-level behavior structure that stipulates that it should fully reflect the free causal act, the “inapplicable” of the legal effect can be changed to “still be punished according to the crime committed”. |
