Abstract:Although there are many theories on the inculpation of Actio Libera in Cause, none is acceptable, for they all put the basis of penalty in the Cause action, which is a behavior of preparing, and all may expand the concept of perpetrating act. In fact, because the accomplishing of omission does not need active ability and responsibility and the negligence crime doesn't have its own action, it does not contradict with the principle of responsibility and legally prescribed punishment. As to the inculpation of intention crime's Actio Libera in Cause, it is advisable to interpret the deficiency of responsibility as a negative element of criminal composition, which is a forgivable reason of the offender but cannot be abused by those malicious persons. Finally, it is necessary for us to distinguish the factual action and the normative action.