Actio libera in causa

Actio libera in causa or actio libera in sua causa is a Latin phrase used in law criminal that can be translated as free act in its cause. Better translation as "free act for his own cause", which supposes the ex ante analysis of the unjust. It is used within the theory of crime at the time of guilt analysis. Imputability requires analysis of the event at the time it occurred and not in its previous causes. However, with the ALIC, unimputable criminal conduct is punishable (for example, homicide while intoxicated) due to prior conduct that was freely determined by the agent (for example, drinking alcohol knowingly of his homicidal conduct while intoxicated), according to there that the ALIC is called extraordinary or exceptional imputability.

According to the actio libera in causa, a person who commits a typical and unlawful act in a state of unconsciousness caused by alcohol or narcotics, into which he himself introduced himself, which in principle gave him would make irresponsible for lack of the requirement of guilt, but the analysis of this is taken to the moment in which the drunken state is caused, moment in which the subject could have acted with negligence or fraud. Also through this doctrine, it can be concluded that the active subject of the alleged crime lacks responsibility, for having been introduced in an unconscious state by a third party who, by mistake, fraud or violence, broke or vitiated the will of he.

Example: a person drinks two liters of tequila and under the influence of alcohol kills another. The actio libera in causa recognizes that the subject was not aware at the time of the wrongdoing (typical and unlawful action), but notes that this state was created by the agent himself and analyzes his guilt at the moment prior to the act. unconscious state. Here the result would be manslaughter. On the other hand, if a person introduces himself into a drunken state with the intention of murdering another subject while in that state of unconsciousness and succeeds, the crime charged will be intentional homicide.

The detractors of the actio libera in causa point out that a crime cannot be constructed (typical, unlawful and culpable action) by adding the typical and unlawful nature of a non-culpable action, and the culpability of a atypical action.