The Criminal Law Effect and Legal Interest Scope of the Right of Self-Determination on the Victim’s Acceptance of Risk

In cases of the victim’s acceptance of risk, the illegality of the perpetrator cannot be directly ruled out solely based on the victim’s right to self-determination, this is because in such circumstances, the victim only agrees to the dangerous behavior, and the complete exclusion of the perpetrator’s illegal self-determination right requires the complete abandonment of legal interest. Considering that the actor’s participation is conducive to the realization of the victim’s right to self-determination to some extent, in principle, the actor’s liability should be reduced within the limit of the victim’s consent to the execution of the dangerous behavior. Since the victim voluntarily puts their legal interest at danger, the scope of the legal interest should also be determined based on the basic principle of self-determination. Regarding physical legal interests, standards such as major bodily harm should not be used to restrict victims from taking risks; regarding legal interests of life, the function of victim’s acceptance of risk cannot be completely denied by involving legal interests of life; and regarding supra-individual legal interests, the restrictions on supra-individual legal interests in the victim’s consent should be continued, that is, the victim does not have the authority to dispose of legal interests other than their own.