A person who commits a crime must be held responsible for his or her actions if the crime is committed with a certain form of guilt, in an unjustified and illicit manner. Thus, criminal liability (i.e. being held responsible for an illegal behaviour that causes harm or damage to someone or something) is a legal consequence of committing criminal actions under certain conditions. But how can one identify these conditions, especially considering the fact that one’s responsibility does not eliminate liability nor reduces it?
The aim of this article is to give an answer to this question from the perspective of criminal responsibility and the situation called actio libera in causa.