如何认定原因自由行为的着手

原因自由行为是为给那些由于行为人故意或过失地使自己陷入无责任能力,然后在无责任能力状态下,实施犯罪行为提供处罚依据的一种理论。然而,这一理论从一引进来就引起了学者们的激烈争论。对于这一理论,如何认定其着手,学者们意见分歧,本文认为在解决着手的认定之前,首先应当明确原因自由行为的处罚对象。原因自由行为中原因行为的可罚性。能否可以通过立法的方式赋予原因行为具有实行行为性,这是解决原因自由行为着手认定的关键所在。

How to Ascertain Executive Conduct of "Free Activity on Grounds"

The" Free activity on Grounds "of theory provides cause of sanction for people who are neglectfully or intentionally sunk in a state of no criminal liability, and on no criminal liability condition executed intentional crime. However, the theory of introduction has led to hot argument amid the theories of criminal law. How to ascertain executive conduct of intentional crime, different people have different options, the author thinks that we should learn of sanction of project and if "action in cause" one of" free activity on grounds is punishable or not before ascertaining executive conduct of intentional crime. It is key to entitle action in cause to executive conduct by legislation, and the problem of executive conduct of "free activity on grounds" would be solved.