INVOLUNTARY RESPONSES AND THEIR LEGAL CONSEQUENCES IN CRIMINAL LAW

Abstract

Criminal liability represents the foundational criterion in the evaluative process of attributing a criminal offense to an individual. Within the framework of criminal law, not all human conduct warrants legal scrutiny or penal response, even in instances involving the breach of legally protected norms. It is not sufficient to establish a mere violation of an objective legal duty, a subjective link must also be present between the agent and the act committed. This link is predicated upon the capacity for conscious decision-making and voluntary control. Accordingly, the primary objective of this study is to introduce insights from neuroscience that elucidate automatic and innate mechanisms underlying certain human behaviors, particularly reflex actions. These involuntary actions, by their very nature, lack the necessary volitional component and, therefore, fall outside the scope of criminal liability.