Theories of Causation : Theory of Equivalence of Conditions (part II)


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 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).

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).

The theory of equivalence states that all conditions produced conditions of nature or of human actions are equivalent and therefore causes the result.

In criminal law 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.

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).

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 “Theory of equivalence” 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).

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