Procedural Sequence of Criminal Liability Investigation

Sequence of Investigation into the Presence of Elements of Liability

• The investigation into the four requirements or elements of liability must follow a specific sequence, defined as the order of one following after another.

• This sequence is fixed and dictates the progression of a legal inquiry; the investigation must strictly adhere to the order in which these elements are established.

• Inquiry into a later requirement in the sequence presupposes (assumes) the established existence of all previous requirements in the chain.

The Logic of Legal Termination and Guilt

• The investigation into criminal liability is a progressive process that can be concluded prematurely if a requirement is not met.

• If the investigation into (voluntary) conduct on the part of X reveals that no such conduct existed:

  • X is not guilty of the crime in question.

  • The matter is immediately concluded.

  • It is unnecessary to investigate further requirements such as unlawfulness and culpability because the absence of conduct serves as a total bar to liability.

Hierarchical Steps of the Investigation

• The investigative process is structured as follows, where each subsequent step is only triggered by the successful fulfillment of the prior one:

• The Conduct Requirement: The foundational step is determining if there was voluntary conduct on the part of the individual (X).

• Definitional Elements: An investigation into whether the conduct complied with the definitional elements of a crime is necessary only when it is clear that the conduct requirement has been fully complied with.

• Unlawfulness: Only if it is clear that the conduct has complied with the definitional elements is it necessary to investigate the question of unlawfulness.

• Culpability: Only if the requirement of unlawfulness has been complied with is it necessary to investigate whether the act was also culpable.

The Principle of Presupposition

• The structure of the investigation means that the existence of any later element is fundamentally dependent on the presence of the earlier elements.

• An inquiry into culpability, for instance, assumes that conduct, compliance with definitional elements, and unlawfulness have already been proven to exist.

• This sequential logic ensures that no legal resources are wasted investigating complex issues like intent or negligence (culpability) if the underlying act itself was not unlawful or did not meet the definition of a crime.