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Individualizing theories

With this name is sought to package a set of criteria that limit the extent of chasing the equivalence of conditions. It aims to select in each case the factor is decisive in achieving the result and differentiating between cause and conditions. The conditions are considered mere circumstances companions. One cause could be the most effective condition or the last condition that precedes the outcome or the most predominant or decisive response is considered its essence and manifestation. (Vargas Gonzalez et al, 1998, pp. 41-42).

Theory of the adequacy

The most important attempt to limit causality attributable to objectively was carried out through the theory of adequacy.

The theory of adequacy does not replace the equivalence, but only removes the equivalence of all conditions. According to the theory of adequacy, a causation is only legally relevant but it is not unlikely. (Jakobs, op. P. 107).

In the legal sense, only causal criminal conduct that has a general tendency to cause the typical result, while the conditions that have triggered only by chance the result is legally relevant. (Jakobs, op. P. 131).

According to the theory of adequacy is not any condition of the result is due in a legal sense, but only that which is normally adequate to produce the result. The determination of adequacy is shaped by the objective probability or predictability of the outcome production. Ie if the condition is suitable also for the prudent and objective man, since at the time of action (ex ante) with all the knowledge of the situation that the author had to act or should have had, understood that was objectively likely or foreseeable that such a typical result is produced. (Berdugo, op.cit. P. 199).

Adequate theory of causation

Described by Von Bar, Massari and, with some variations and other names and Grispigni Antolisei, Italy. Also called the causality typically means that the existence of causality requires that the agent has been identified or produced the result in a proportionate and appropriate behavior. (Ibanez, op.cit. P. 275).

On the other hand argues that this doctrine so that there is a causal link in the sense of law, it is necessary that the man has determined the result with an action will provide adequate. The fundamental consequence of the theory is not considered due to the effects of the agent at the time of action is improbable, ie effects of extraordinary or unusual action itself. (Antolisei, op.cit, p. 295).

Not every condition that produces a result can be considered because of it, but only that which produces a result can be considered because of it, but only that which is in line with experience appropriate to produce a typical result. To know when you are in the presence of an adequate cause, conducting a trial of probability by the judge, who must be at the moment of action. This trial is based on two types of knowledge, the ontological, which takes into account the conditions known and knowable by a wise man, and the expertise of authors, the nomological which incorporates the laws of nature known at the time of the action . Based on this trial is ultimately determined that the cause objectively foreseeable that appears adequate to produce the result. (Larrauri, op.cit, p. 83).

Finally, it is important to note that this theory is the need to recognize that a phenomenon is always a product of the confluence of a number of circumstances, without whose joint operation can not be explained, again, highlights the need to distinguish between cause and conditions, considering not only causes the condition is adequate to produce the result, and the compliance is affirmed or denied as expected or may not be such a factor that could cause the result.

How to determine the proper cause? Such a view likely to consider those conditions that at the time of action are “known and knowable” by a wise man. We must also include the expertise of the offenders. (Vargas Gonzalez et al, op.cit, pp. 43-44).

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