Identification of Victim's Faults in Criminal Cases
Identifying an ethical fault as the victim's fault in judicial practice confuses the cause of a case with the victim's fault.The cause of a case,which is relevant to the criminal motive,is an indicator to judging the perpetrator's subjective malice,while the victim's fault,which is relevant to the causality and the consequence,is a measuring factor for the distribution of criminal responsibilities.As the victim's fault has a substantial impact on judging the perpetrator's wrongdoings and responsibilities,the identification of victim's fault should take into account the causality of constituent elements.First,the victim's fault should be the victim's words and deeds in the causality of"starting a criminal act to causing consequences",while the victim's words and deeds before and after a criminal act shall not be the victim's fault.Second,the victim's fault must be words and deeds that provide direct causes for criminal consequences,including two types of behavior,namely the behavior to increase risks and the behavior to achieve results.Third,when the victim's behavior is instinctive,reasonable and legal,even if the intervention of causality exerts a causal effect on the consequences,it should not be judged as the victim's fault.
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