Priežastinis ryšys ir jo nustatymas baudžiamojoje teisėje

Abstract

The research analyzes causation as an independent criminal legal construction, its legal characteristics, doctrinal interpretation and practical application to Lithuanian and foreign courts in the examination of separate categories of criminal cases. During the analysis, delving into Lithuanian and foreign criminal laws, experience of application of foreign law, national theoretical and practical bases of causation, the understanding of causation as a legal category and the optimal methodology for determining causation are sought. The research also discusses the need for an expression of causation in criminal law. After revealing the concept of causation, its genesis and historical development perspective, the research identifies the main theories of determination of causation, identifies the main features of these theories and evaluates their applicability in the application of law. Comparing the main theories of causation established in the research with the theories of causation proposed in the Lithuanian criminal law doctrine, it was found that the methodology of determining causation proposed in the Lithuanian criminal law doctrine is applied very rarely in practice, on the other hand, there is also no possibility to develop a universal causation methodology suitable for all categories of individual cases, as different theories of causation apply to different categories of cases.