The inculpation of the crime should be expended.

The focus is impossibility of crime not considered as criminal,unpunishable and impossibility of crime punishable.

Whether “actio libera in cause”is punishable,scholars pursuant to different theories have put forward different positions.

Actio libera in cause means the action of person who gets stuck in the state of limited capacity for duties or no - capacity for duties intentionally or neglectfully and causes the emergence of a certain objective factor of criminal constitution , Its essence of being punished probably is identified as an exception of " the principle that actions and duties should exist simultaneously".

Actio libera in cause is a special form of criminal act and its essence of being punished may be regarded as a exception of“the principle that actions and duties should exist simultaneously”.

This essay makes a series of study among action liberty in cause and the principle of behavior and responsibility existing at the same time,the problem of inculpation,th.

Nowadays it is whithout dispute that action liberty in cause is punishable,but when scholars discuss the concept of action liberty in cause and its basis of punishability,there are lots of different views.

The theories field puts forward a lot of standpoints for solving the punishability of action libera in cause,but each standpoint contains blemish.