LEGAL CONSEQUENCES OF SELF-INDUCED INCAPACITY PRIOR TO COMMITTING A CRIME
WHAT IS ACTIO LIBERA IN CAUSA AND WHY IS IT APPLIED?
Actio libera in causa is a principle of criminal law that attributes criminal responsibility to a person who, although incapacitated at the time of the offense, had deliberately caused that state beforehand. It acts as an exception to the general rules of non-imputability. Its application ensures that individuals cannot use self-induced lack of lucidity or self-control as a legal shield if that condition was purposefully sought before committing a crime.
In Bolivia, this principle is enforced as a safeguard of justice and individual accountability, especially in cases involving voluntarily altered mental or physical states.
APPLICATION IN INTENTIONAL AND NEGLIGENT CRIMES
The actio libera in causa principle applies to both intentional (doloso) and negligent (culposo) crimes, with important distinctions regarding the individual’s intent and the foreseeability of the outcome.
INTENTIONAL CRIME (DOLOSO)
This occurs when an individual intentionally incapacitates themselves as part of their plan to commit a crime. In such cases, the induced incapacity does not absolve them of responsibility, as it was an integral element of the criminal act.
Example: A person who purposely becomes intoxicated to gain the courage to assault a neighbor. Even if intoxicated during the act, they will be punished for an intentional crime, as the intoxication was a deliberate means to commit the offense.
NEGLIGENT CRIME (CULPOSO)
This arises when the individual did not intend to commit a crime, but voluntarily incapacitated themselves and should have foreseen the possible harmful consequences of their actions. There is no intent to cause harm, but there is recklessness or negligence.
Example: A driver who consumes recreational drugs without intending to harm anyone but then causes a traffic accident injuring others. Despite the lack of intent, they will be penalized for a negligent crime because the outcome was foreseeable.
LEGAL BASIS OF THE ACTIO LIBERA IN CAUSA PRINCIPLE
The rationale behind this principle is to prevent individuals from escaping liability by creating conditions that would normally render them non-imputable. Criminal law does not allow for impunity when the person has deliberately undermined their own capacity to understand or control their actions.
Additionally, this principle is supported by constitutional norms that uphold equality before the law and the principle of individual responsibility.
In conclusion, any person who consciously chooses to enter a state that diminishes or eliminates their understanding of the illegality of their actions will not be exempt from criminal liability. Bolivian law firmly penalizes both intentional offenders and those whose negligent conduct results in harm. The actio libera in causa principle reinforces a commitment to justice and personal accountabilit
If you are facing legal issues related to criminal liability or require professional guidance, our law firm specializes in criminal law and is available to provide the representation and advice you need. Contact us today for a confidential consultation.
Frequently Asked Questions (FAQs)
Can intoxication be used as a defense to avoid a criminal conviction?
No. If the intoxication was voluntary, criminal liability remains.
What if the person did not intend to commit a crime but did so while incapacitated?
If the risk was foreseeable, the individual will be held liable for a negligent crime.
Does incapacity always exempt someone from liability?
Only when the incapacity was not self-induced.
Is this principle only applicable in cases of intoxication?
No. It also applies to other forms of self-induced incapacity, such as deliberately triggered mental alterations.
What is the difference between intent and negligence in these cases?
Intent (dolo) implies a deliberate desire to commit the crime, while negligence (culpa) refers to foreseeable consequences of reckless behavior without the intent to cause harm.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
