Theories of Causality in Criminal Law (on the Example of Obstruction of Medical Assistance)

Introduction: the choice of the article's subject is conditioned by the practical difficulties in establishing the causal link as a mandatory element of certain corpus delicti. The study is aimed at the analysis of the causal connection theories known to criminal science with the objective of identifying the most effective algorithm for determining the causal link during the qualification of the crime provided for in Article 1241 of the Russian Criminal Code (Obstruction of Medical Assistance). Materials and Methods: the study utilised theoretical developments of criminal science regarding causation, their criticism and commentaries, as well as the approaches of scientists to the determination of criteria of causation. The study employed a number of different methodological approaches, including the dialectical method of cognition, analysis, deduction, formal-logical and system-structural methods. Results: the theories of causal connection existing in criminal law are summarized, the features of the objective side of obstruction of medical care are assessed through their prism, and the conclusion about the correctness of using the necessary causation theory for the qualification of the crime provided by Article 1241 of the Russian Criminal Code is made. Discussion and Conclusions: the analysis yielded conclusions regarding the features of causal connection in crimes against life, with particular reference to the example provided by Article 1241 of the Russian Criminal Code. The conclusions were reached on the basis of the analysis and discussion of the features of the causal connection in crimes against life, in particular, in the case provided by Article 1241 of the Russian Criminal Code. A method for determining the presence or absence of this causal connection in crimes involving the obstruction of medical assistance was proposed.