원인에 있어서 자유로운 행위와 불법모델

The Actio Libera in Causa (a.l.i.c.) is a law concept meaning the situation in which a defendant commits a crime in intoxication self-induced with the intention of committing crime. To explain a.l.i.c., we established one theory naming wrongfulness model. In wrongfulness model, the crime is defined as not only a conduct but also a causal process. The wrongfulness of crime is the assessment of the social harm. The causal wrongfulness is the assessment of the social harm of criminal process. And the culpability is defined as blameworthiness for the conduct or causal wrongfulness by intent or negligence. Now, we can explain a.l.i.c as the case that the crime has both causal wrongfulness and the blameworthy culpability for it although its perpetration is irresponsible. We can apply this wrongfulness model to explain the seven case patterns of a.l.i.c.. First pattern of a.l.i.c. is intent result crime. The causal wrongfulness of intent result crime is the causal process to result displayed intentionally. The second pattern is a.l.i.c. of conduct crime. The causal wrongfulness of conduct crime is causation relationship from earlier act to later act controlled by intent. The other patterns are the crimes of earlier negligence act and later negligence act, of earlier negligence act and later intent act, of earlier act and later involuntary act, of diminished capacity, of perpetration in insane state en route. We can affirm that our wrongfulness model can explain all seven patterns of case law in German and Japan. But traditional ‘the elements of the crime model’ can explain only one pattern, the intent result crime. So we can say that theoretical superiority of our model proves. This means that the German theoretical system of crime must be reconsidered because the premises of our model imply the transformation of the established German theory of crime.