Lack of the causal link. Application of causality theories in a case involving the death of a police officer escorting the Minister of Internal Affairs

Abstract

The former Minister of Internal Affairs, O.G., has been prosecuted for manslaughter, being accused of causing the death of a police officer who fell into a poorly marked pit while on duty as part of his "official" convoy, which was established in violation of the legal provisions. Alongside him, the administrator of the company that performed the work on the roadway and the legal entity (the limited liability company) were also indicted. Both the first instance and the appeal court rendered a verdict of acquittal for the first defendant; however, the last two defendants were convicted of the crime of manslaughter. Our intention is to analyze the grounds that led to the exoneration of criminal liability for the Minister defendant.

The decision of the first instance provides an opportunity for reflection on how doctrinal theories regarding causation are applied and how the case-law of our courts has evolved in this matter. The discussion surpasses the interest sphere of the case at hand, becoming relevant to any ongoing trial in which multiple actions or omissions from the perpetrator, a third party, or even the victim, alongside other factors, simultaneously or successively, contribute to the outcome.

The analysis aims, in the first section, to determine whether the action attributed to the defendant in the indictment is legally relevant (as the two discussed judgments seem to contradict each other in this regard. Following a brief overview of theoretical observations concerning the relationship of causation within the framework of the crime and related theories (Section II), we examine how the first instance understood to apply the theories of causation and the tools they provide in the case brought to trial (Section III).