THE STRUCTURE OF THE CAUSE AND EFFECT LINK IN THE CAUSALITY THEORY OF CRIMINALISTICS
Abstract
The article deals with the issues of the cause and effect link structure in the causality theory of criminalistics. It identifies similarity levels for causality as well as their hierarchy. Within the context of subject’s instrumental causality the link structure is represented by related events «the subject’s decision», «the subject’s action», «the use of the means», «the formation of the trace». Within the context of the subject causality without instruments the article discusses the links between the events «the subject’s decision» - «the subject’s actions» - «the formation of the trace». The context of object causality links the events «the object’s actions» and «the formation of the trace». The link «the subject’s decision» - «the subject’s actions» in subject causality is described as a mental phenomenon and with this regard the article provides arguments in favor of compatibility of the subject’s free will and determinism. The other links that are discussed in the article are of deterministic nature, as they take place while interacting with material objects and are governed by natural laws. The article determines the areas and branches of criminalistics where these contexts of cause and effect links are the most common.
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