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	<title>Colorado Business and Legal Advices &#187; Theories of Causation</title>
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		<title>Theory of causation</title>
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		<pubDate>Mon, 09 Aug 2010 17:36:06 +0000</pubDate>
		<dc:creator>Bernard Shaffer</dc:creator>
				<category><![CDATA[The Objective Imputation Theory]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Law Concept]]></category>
		<category><![CDATA[Objective Imputation]]></category>
		<category><![CDATA[The Objective Imputation Theory in Criminal Law]]></category>
		<category><![CDATA[Theories of Causation]]></category>

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		<description><![CDATA[Relevant theory of causation For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Mezguer considers that criminal law is only interested in causes that are adequate to produce the result, however for him, the determination [...]]]></description>
			<content:encoded><![CDATA[<p><img style="padding-right:5px" title="Theory of causation"  class="alignleft" src="http://www.wiartonlawyer.com/images/law_book.jpg" width="255" height="200" /><strong>Relevant theory of causation</strong> </p>
<p>For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Mezguer considers that <a href="http://www.partidocolorado.org/tag/criminal-law">c<strong>riminal law</strong></a> is only interested in causes that are adequate to produce the result, however for him, the determination of the adequacy of the case operates in a strictly legal level, based on the criminal. To Mezguer causal equivalence of all conditions does not imply its legal equivalent, thus separating the phenomena of causation and responsibility. (Vargas Gonzalez et al, op.cit, p. 48). <span id="more-244"></span></p>
<p>And criminal responsibility will rest on three conditions: </p>
<p>1. Causal link between action and result. </p>
<p>2. Relevance of causation. </p>
<p>3. Guilt. </p>
<p>Causal link between action and result </p>
<p>The existence of the connection is determined by the same formula proposed by the <a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions.htm"><strong>theory of equivalence</strong></a>. The action of the author must be a conditio sine qua non of the result. There must be the first event of the complaint objectively, I have studied the second. </p>
<p><strong>Relevance of causation</strong> </p>
<p>Such relevance is determined from the level of criminality. It requires the action of the subject which operated as a conditio sine qua non and the results produced are typical, as well as the causal course between one and another is &#8220;relevant&#8221; according to the type. To determine a relevant character assumes the criterion of the adequacy of the theory itself of adequate cause. The nature of the adjustment is determined from the offense, which shows us the causative courses relevant or appropriate. (Vargas Gonzalez et al, op.cit, pp. 49-51). </p>
<p><strong>Theory of the prohibition to return</strong> </p>
<p>This theory, which in its infancy, is linked to the interruption theory of causation, is raised by Frank and implies that if causal courses of action are not exploited by malicious intentional action to cause the result, is barred from returning &#8230; more behind the malicious action to find reasons not malicious. Here improperly shuffled assessment criteria as causal problem, to the point that this theory points since the previous actions are not authorship but reckless participation, but also rejects them as causes. Apart from its impropriety as causal theory, and in the field of partner in crime should be noted that the mere participation goes unpunished reckless whether intentionally encourages authorship as reckless. (Luzon Peña, p. 72). </p>
<p>Causality is not &#8220;interrupted&#8221; because between the conduct and outcome, the action is malicious third party. That&#8217;s what formerly defended the theory of re-entry ban, she said, the return (return) to the conditions that preceded an intentional crime temporarily. </p>
<p>This theory was originally constructed on the basis of the causal theory of action, the rationale is that the remote causes (&#8220;remote cause&#8221;) are &#8220;void&#8221; then by who intentionally cause the outcome (&#8220;proximate cause&#8221;) and solves this how the problem of concurrent causes from different subjects when a single result. Put another way, the willful participation in the conduct willful and self-responsible of the crime is always with impunity, so that the second fraudulent act takes away the first show its relevance willful criminal. For these authors, the setting of preconditions to the result, so malicious, it involves making a crime in immediate authorship, but it is sanctioned, usually as participation (instigation or complicity). (Castillo, 2008, pp. 490-491). </p>
<p><strong>Theory of causation</strong> </p>
<p>It is the foundation of any claim to such objective: for the first budget of the realization of the type is always the perpetrator caused the result. But with the causation of behavior for the typical result has not yet been performed, provided the type as previously believed, but attend other elements typical writings. Thus eg the complaint may also be missing although the author has caused the result, but that causation is due to chance: If A persuades B to take a flight to Mallorca, which B dies plane crash certainly A has caused B&#8217;s death and his council, but despite that B has not killed because the event is presented as an accident incalculable and therefore can not be attributed to as his work. There are also random with other causes that can exclude the target rate. (Roxin, op.cit, p.121). </p>
<p>Within it is the so-called theory of causation interruption which holds that in certain courses or irregular cumulative causal intervention of an &#8220;external factor&#8221; although causal support in the course before, immediately leads to the result, breaking the previous course causal, and therefore the results may not be devolved to the first author. An example: when a person has been injured dies as a result of surgery or wrong because the ambulance crashes that carried to the hospital. (Vargas Gonzalez et al, op.cit, p.39). </p>
<h4  class="related_post_title">Possibility Related Posts:</h4><ul class="related_post"><li><a href="http://www.partidocolorado.org/individualizing-theories-theory-of-the-adequacy-and-adequate-theory-of-causation.htm" title="Individualizing theories, Theory of the adequacy, and Adequate theory of causation ">Individualizing theories, Theory of the adequacy, and Adequate theory of causation </a><br /><small>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...</small></li><li><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions-part-ii.htm" title="Theories of Causation : Theory of Equivalence of Conditions (part II)">Theories of Causation : Theory of Equivalence of Conditions (part II)</a><br /><small>
This theory is called theory of conditio sine qua non, understood the Latin "essential" or "precondition", the formula conditio sine qua non is a mechanism to assign a cause factor category. The con...</small></li><li><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions.htm" title="Theories of Causation : Theory of Equivalence of Conditions">Theories of Causation : Theory of Equivalence of Conditions</a><br /><small>This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
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"One result is objectively attributable, when the author has created a significant risk, which is done in the typical result in your...</small></li><li><a href="http://www.partidocolorado.org/the-objective-imputation-theory-objective-allocation.htm" title="The Objective Imputation Theory : Objective Allocation">The Objective Imputation Theory : Objective Allocation</a><br /><small>The following will be discussed relevant aspects of the scope of the complaint, as well as different views of what is this theory. 

It is generally accepted as a principle objective imputation that...</small></li></ul>]]></content:encoded>
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		<title>Individualizing theories, Theory of the adequacy, and Adequate theory of causation</title>
		<link>http://www.partidocolorado.org/individualizing-theories-theory-of-the-adequacy-and-adequate-theory-of-causation.htm</link>
		<comments>http://www.partidocolorado.org/individualizing-theories-theory-of-the-adequacy-and-adequate-theory-of-causation.htm#comments</comments>
		<pubDate>Fri, 06 Aug 2010 17:28:51 +0000</pubDate>
		<dc:creator>Bernard Shaffer</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Adequate theory of causation]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Law Concept]]></category>
		<category><![CDATA[Individualizing theories]]></category>
		<category><![CDATA[Objective Imputation]]></category>
		<category><![CDATA[The Objective Imputation Theory]]></category>
		<category><![CDATA[The Objective Imputation Theory in Criminal Law]]></category>
		<category><![CDATA[Theories of Causation]]></category>
		<category><![CDATA[Theory of the adequacy]]></category>

		<guid isPermaLink="false">http://www.partidocolorado.org/?p=242</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p><img style="padding-right:5px" title="Individualizing theories, Theory of the adequacy, and Adequate theory of causation "  class="alignleft" src="http://www.onelawforall.org/wp-content/uploads/2010/02/Law-Books.jpg" width="255" height="200" /><strong>Individualizing theories </strong></p>
<p>With this name is sought to package a set of criteria that limit the extent of chasing <a href="http://www.partidocolorado.org/tag/theory-of-equivalence-of-conditions"><strong>the equivalence of conditions</strong></a>. 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). </p>
<p><strong>Theory of the adequacy</strong> </p>
<p>The most important attempt to limit causality attributable to objectively was carried out through the theory of adequacy. </p>
<p>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). </p>
<p>In the legal sense, only causal<a href="http://www.partidocolorado.org/tag/criminal"><strong> criminal</strong></a> 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). <span id="more-242"></span></p>
<p>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). </p>
<p><strong>Adequate theory of causation</strong> </p>
<p>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). </p>
<p>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). </p>
<p> 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). </p>
<p>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. </p>
<p>How to determine the proper cause? Such a view likely to consider those conditions that at the time of action are &#8220;known and knowable&#8221; by a wise man. We must also include the expertise of the offenders. (Vargas Gonzalez et al, op.cit, pp. 43-44). </p>
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For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Me...</small></li><li><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions-part-ii.htm" title="Theories of Causation : Theory of Equivalence of Conditions (part II)">Theories of Causation : Theory of Equivalence of Conditions (part II)</a><br /><small>
This theory is called theory of conditio sine qua non, understood the Latin "essential" or "precondition", the formula conditio sine qua non is a mechanism to assign a cause factor category. The con...</small></li><li><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions.htm" title="Theories of Causation : Theory of Equivalence of Conditions">Theories of Causation : Theory of Equivalence of Conditions</a><br /><small>This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions....</small></li><li><a href="http://www.partidocolorado.org/the-objective-imputation-theory-basic-formula.htm" title="The Objective Imputation Theory : Basic Formula">The Objective Imputation Theory : Basic Formula</a><br /><small>The basic formula that uses objective imputation is as follows: 

"One result is objectively attributable, when the author has created a significant risk, which is done in the typical result in your...</small></li><li><a href="http://www.partidocolorado.org/the-objective-imputation-theory-objective-allocation.htm" title="The Objective Imputation Theory : Objective Allocation">The Objective Imputation Theory : Objective Allocation</a><br /><small>The following will be discussed relevant aspects of the scope of the complaint, as well as different views of what is this theory. 

It is generally accepted as a principle objective imputation that...</small></li></ul>]]></content:encoded>
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		<title>Theories of Causation : Theory of Equivalence of Conditions (part II)</title>
		<link>http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions-part-ii.htm</link>
		<comments>http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions-part-ii.htm#comments</comments>
		<pubDate>Tue, 03 Aug 2010 17:21:00 +0000</pubDate>
		<dc:creator>Bernard Shaffer</dc:creator>
				<category><![CDATA[The Objective Imputation Theory]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Law Concept]]></category>
		<category><![CDATA[Objective Imputation]]></category>
		<category><![CDATA[The Objective Imputation Theory in Criminal Law]]></category>
		<category><![CDATA[Theories of Causation]]></category>
		<category><![CDATA[Theories of Causation : Theory of Equivalence of Conditions]]></category>

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		<description><![CDATA[This theory is called theory of conditio sine qua non, understood the Latin &#8220;essential&#8221; or &#8220;precondition&#8221;, the formula conditio sine qua non is a mechanism to assign a cause factor category. The conditio sine qua non means that an event causes a result, when you mentally can not be deleted without the mentioned result disappears [...]]]></description>
			<content:encoded><![CDATA[<p><img style="padding-right:5px" title="Theories of Causation : Theory of Equivalence of Conditions (part II)"  class="alignleft" src="http://4.bp.blogspot.com/_hL0GiwV6644/R_o0NJnHPlI/AAAAAAAAAKg/IMaSC8o-wLc/s400/Law+book.bmp" width="255" height="200" /><br />
This theory is called <strong><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions.htm">theory of conditio sine qua non</a></strong>, understood the Latin &#8220;essential&#8221; or &#8220;precondition&#8221;, the formula conditio sine qua non is a mechanism to assign a cause factor category. The conditio sine qua non means that an event causes a result, when you mentally can not be deleted without the mentioned result disappears (Reyes Alvarado, op.cit, p.10). </p>
<p>For example in the case of occurrence of an assault on a bench, if mentally suppress the incursion of armed robbery offenders and stolen money doing, removed a result of the divestment to configure the robbery. It would not even remotely in mind, the causation of the outcome by the manager who opened the bank that morning. (Vargas Gonzalez et al, op.cit, pp. 35-36). <span id="more-239"></span></p>
<p>The theory of equivalence states that all conditions produced conditions of nature or of human actions are equivalent and therefore causes the result. </p>
<p>In <a href="http://www.partidocolorado.org/tag/criminal-law"><strong>criminal law</strong></a> what matters is whether the outcome was caused by human action. This question is answered by applying the magic formula, the traditional doctrine of the conditio sine qua non, also called hypothetical mental suppression. The formula used to establish the empirical link of causality and them is a logical process of eliminating, through a process of abstraction, the action of the author and see if it holds the result. One result is caused by an act when the action can not be suppressed mentally, without the result disappears. </p>
<p>Finally, for the theory of conditio sine qua non called Von Buri, German criminologist who first enunciated in the fields of law, must be considered because any individual conditions of the result, which is the whole history without the result would not have verified. Therefore, in order to give sufficient causal relationship that man has made the outcome of any such condition, it is, in other words, who has acted an indispensable background to produce the result. (Antolisei, 2002, p.295). </p>
<p>This theory also called theory of the condition which assumes that because the outcome is any condition that has been involved in production irrespective of their degree of temporal proximity. For this reason, the theory is also known as the &#8220;Theory of equivalence&#8221; as all the conditions of the result are considered equivalent. Find out whether conduct has causal condition is resolved results using the following hypothesis: it is causal status of an outcome all that, delete mentally, would destroy the result. (Berdugo, op. Cit, p. 199).</p>
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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...</small></li><li><a href="http://www.partidocolorado.org/theories-of-causation-theory-of-equivalence-of-conditions.htm" title="Theories of Causation : Theory of Equivalence of Conditions">Theories of Causation : Theory of Equivalence of Conditions</a><br /><small>This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions....</small></li><li><a href="http://www.partidocolorado.org/the-objective-imputation-theory-basic-formula.htm" title="The Objective Imputation Theory : Basic Formula">The Objective Imputation Theory : Basic Formula</a><br /><small>The basic formula that uses objective imputation is as follows: 

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It is generally accepted as a principle objective imputation that...</small></li></ul>]]></content:encoded>
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		<title>Theories of Causation : Theory of Equivalence of Conditions</title>
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		<pubDate>Fri, 30 Jul 2010 00:54:43 +0000</pubDate>
		<dc:creator>Bernard Shaffer</dc:creator>
				<category><![CDATA[The Objective Imputation Theory]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Law Concept]]></category>
		<category><![CDATA[Objective Imputation]]></category>
		<category><![CDATA[The Objective Imputation Theory in Criminal Law]]></category>
		<category><![CDATA[Theories of Causation]]></category>
		<category><![CDATA[Theory of equivalence of conditions]]></category>

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		<description><![CDATA[This Article part of The Objective Imputation Theory in Criminal Law Series Among the theories of causation that more importance have, we have the following: v Theory of equivalence of conditions. v Individualizing theories. v Theory of adequacy. v Theory of adequate causation. v Relevant theory of causation. v Theory the ban back. v Theory [...]]]></description>
			<content:encoded><![CDATA[<p><img style="padding-right:5px" title="Theories of Causation"  class="alignleft" src="http://www.chaptrotlaw.com/assets/images/law_book2.jpg" width="255" height="200" />This Article part of <a href="http://www.partidocolorado.org/category/criminal-law-concepts/the-objective-imputation-theory"><strong>The Objective Imputation Theory in Criminal Law</strong></a> Series</p>
<p>Among <a href="http://www.partidocolorado.org/"><strong>the theories of causation</strong></a> that more importance have, we have the following:<br />
v Theory of equivalence of conditions.<br />
v Individualizing theories.<br />
v Theory of adequacy.<br />
v Theory of adequate causation.<br />
v Relevant theory of causation.<br />
v Theory the ban back.<br />
v Theory of causation.</p>
<p>The following explains the main features of each of the theories mentioned above.</p>
<p><strong>Theory of equivalence of conditions</strong></p>
<p>The theory of the equivalence of conditions is becoming known in Germany from 1843, with Stuart Mall Years later the theory is developed by Von Buri in 1873. Von Buri understand that not only the sum of a variety of elements is cause of a phenomenon, but also each of these forces individually considered in turn causes an outcome. (Reyes Alvarado, op.cit, p.41). The doctrine of the time came to explain that all conditions for the production of an outcome is both the cause of it, so any condition is equivalent to a cause and then comes, just the name of the theory. (Vargas Gonzalez et al, 1998, p.34).<span id="more-233"></span></p>
<p>According to this theory, a result causes any negative or positive condition involved in the production of a result, all may be considered because of it, making it impossible to differences between causes and conditions. The procedure to determine when in the presence of a cause is the conditio sine qua non, which states that if certain condition mentally deleted and the result disappears, the condition causes the same conditions (without which the result has not been produced). (Larrauri, 2002, p. 82).</p>
<p>The theory of the equivalence of conditions, works in most cases with the formula that should be considered because any condition of a result that can not be suppressed mentally disappears without concrete results, ie because it is valid as all conditio sine qua non, without which all would not have produced the result. So eg, if a motorist driving drunk can not control your vehicle or invade the other side of the road, which produces a collision with another car coming from the front, having consumed alcohol is causal with respect to that accident, but if you delete it mentally, the driver of the car had continued on the correct side of the road and the accident had taken place. </p>
<p>And according to that same formula, are also causes of both car manufacturers and also others which have led to the conduct of both, and a further accumulation of circumstances that have influenced the event (eg, construction of the road The invention of the engine, etc..). Therefore not made any selection among the numerous conditions of any outcome, but instead are considered equivalent (so the same value) all the conditions and the equivalence trial owes its name to the theory of equivalence. (Roxin, 2002, pp. 122-123).</p>
<p>This theory of the view that any outcome is determined and verified by a set of causal antecedents. Therefore, the cause is the combination of causal antecedents. Therefore, the cause is the combination of conditions or antecedents that have contributed to the causal production of the result. In other words, as outlined before the cause is the combination of background and necessary and sufficient conditions to produce the result, but as Von Buri, could be caused by each of the conditions, provided that she does not present as a condition without which each of the conditions, provided it is presented as a condition without which the outcome had not occurred because each of the antecedents or conditions of the result of equal value. Hence the name of theory of equivalence. (Ibáñez, 2002, p-275).</p>
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