On the Cause of Free Acts in Criminal Law: A Collection of Essays on Criminal Law

Author: Xu Wenzong
Publisher:
Publish Date: 2006-02-01
Features: The doctrine of automatism in criminal law, also known as "self-induced unconsciousness," refers to a situation where the perpetrator, due to their own fault, falls into a state of unclear consciousness or loss of control over their actions, and commits an act that constitutes a crime while in a state of lacking or impaired criminal responsibility. The legislative history of automatism began with the provisions on drunk driving offenses. To this day, the majority of scholars advocate for the explicit inclusion of automatism in criminal law. This stance has gradually become a trend and is reflected in the criminal theories, legislation, and judicial practices of countries around the world. The rationale behind the proposal of automatism theory is its conflict with the principle of responsibility. The principle of responsibility, also known as the "simultaneity principle," requires that criminal responsibility must exist at the time of the criminal act; otherwise, it does not constitute a crime. However, from one perspective, automatism involves the perpetrator committing harmful acts while in a state of impaired or lacking criminal responsibility. From another perspective, the state of impaired or lacking criminal responsibility is caused by the perpetrator's own fault. Therefore, how to resolve the conflict between automatism and the principle of responsibility has become the core content of this book.
This book employs historical, logical, and comparative research methods to conduct a rational analysis of automatism in criminal law from multiple angles, clarifying its concept, classification, legislative and judicial practices, and exploring its constituent characteristics and mechanisms of occurrence. It examines the criminal responsibility basis of automatism and analyzes its forms of intentional and negligent crimes. Finally, based on a comprehensive review of the theory and legislative status of automatism, it proposes legislative recommendations for automatism.