C.74 - Error on the assumptions of a ground of justification.C.73 - Error on the existence of the factual assumptions of a ground of justification.C.72 - Erroneous assumption of the factual assumptions of a ground of justification.C.66b - Omission, failure to give assistance, recklessness.
C.58e - Aberratio ictus or error in persona?. C.58d - Aberratio ictus and dolus generalis. C.54- Aberratio ictus or error in object?. C.38b - Eventual intent, objective imputation. C.37b - Reflex movements and malice, "reciprocal" malice and overreaction. C.37a - Wrongdoing and error at the same time. C.36b - Direct malice, malice aforethought, "reciprocal" malice. C.32 - Direct second party claim Degree. C.31 - Direct first party bollocks Degree. C.29a - Objective imputation: typically relevant risk. C.28d - Subsequent intervention by the victim. C.28a - Typically Relevant Risk and Subsequent Interventions. C.23 - Interruption of the relationship of objective imputation (II). C.22 - Interruption of the relation of objective imputation (I). C.17a - Between inaction and culpability. C.16b - Reflex movements, irresistible force. C.15 - Actio libera in causa and absence of action. C.13 - Unconsciousness and actio libera in (sua) causa. Robinson suggests the most expansive application of a.l.i.c.: in his opinion, it covers all cases where an offender is "creating the conditions of his own defense". The modern scholars take a wider view, following Joachim Hruschka, who in the 20th century argued that duress and incapacitation cannot be a defense if "the agent puts himself in situation of duress in order to be forced to commit the act or if he took the drug to gain the courage to do so". Originally the doctrine was interpreted in a quite narrow way to describe a situation where the offender intentionally created conditions that later allowed him to act in a criminal way, with the purpose of committing that crime. This is the situation that led to the formation of the a.l.i.c. #ACTIO LIBERA IN CAUSA EJEMPLOS FREE#
Latin: Actio non in se, sed tamen in sua causa libera, an "act not free by itself but its cause was free", a situation where the person also had no choice but to act, but prior to that he had voluntarily chosen the conditions that forced the subsequent act.
Latin: Actio neque in se, neque in sua causa libera, an "act not free by itself and its cause also not free", a situation where the person was involuntary forced into circumstances where he had no choice but to act.Latin: Actio libera in se, an "act free by itself", a situation when the person was able to choose the to act or not to act.The doctrine was created during the Age of Enlightenment by philosophers and law scholars ( Hugo Grotius, Samuel Pufendorf, Francis Hutcheson) who distinguished between: is mentioned with regard to voluntary intoxication: if a person gets drunk, she will not be able use her state of inebriation to claim that, for example, her act of negligence was an accident. However, this defense is not available, for example, to a person who started the fight, thus creating a "cause" for killing in self-defense at a later time. A typical example is self-defense: in Anglo-American jurisdictions lethal action is justified under certain circumstances while protecting oneself, others, or property. The doctrine means that even if the person was not free to choose the course of action while performing an offence, he can still be held responsible for it if he voluntarily created a condition ("cause") for the offending action. For more guidance, see Wikipedia:Translation.Īctio libera in causa (frequently abbreviated as a.l.i.c., Latin for "action free in its cause") is a law principle in a typical Western law system (both common law and civil law).You should also add the template to the talk page.
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