זיקת העיתוי של יסודות האחריות הפלילית

תקציר

Certain elements of criminal liability have definitions that include timebound terms, and are contingent upon specific timing. For example, the principle of simultaneity requires that the components of the external element in criminal liability (Actus Reus) occur concurrently with the components of the mental element (Mens Rea). This article critically and radically examines the time factor in the elements of criminal liability, in view of classical and modern scientific insights regarding time. The examination indicates that it is highly doubtful whether the criminal law can be premised on the time factor of these elements. The article is limited to an examination of the time factor in relation to the principle of simultaneity and the factual causation. Application of the simultaneity principle demonstrates that the structural failures of the simultaneity principle nullify its existence and necessity. Application of the factual causation examination indicates that its probative value is limited to providing a certain perspective only. The necessary and proposed conclusion is that the time factor should be replaced by a substantive link among the elements of criminal liability. The full article has been published in 6 OAC L. Rev. 333 (2006)