The Criminal Offence
THE CRIMINAL OFFENCE: A COMMON LAW DEFINITION A crime is often regarded as a public wrong (as opposed to a civil wrong), but conduct which is harmful to the public is not necessarily a crime: therefore, a more precise definition would specify that crime is a public wrong, which courts or Parliaments have found sufficiently injurious to the public to necessitate the application of criminal procedure. At common law Criminal offences usually consist of twoelements: actus reus and mens rea. Actus reus (L. “guilty act”) is the prohibited conduct consisting of a) a willed act or omission, b) the relevant circumstances, and c) the prohibited consequences. It may be a physical act, words (in case of incitement, conspiracy, blackmail, inducement), omission (in case of breach of duty), possession (of illegal substances), etc. Mens rea (L. “guilty mind”) involves intention or recklessness. Intention is a desire or certainty beyond substantial doubt that given the relevant circumstances the relevant act will cause the relevant consequences. Recklessness contains foresight of the possible occurrence of the consequences but no desire toto cause them, i.e. knowing that there is a risk, one simply takes it. While mens rea requires foresight and awareness, negligencedoes not, yet negligent conduct, especially in the case of gross negligence, can be prosecuted as criminal offence (criminal negligence).
a. an infringement of another person's rights, rendering the offender liable toa civil action;
b. a violation of public rights and duties,affecting the community as a whole;
c. failure to act;
d. make something necessary;
e. causing damage or harm;
f. behaviour;
g. a secret plan or agreement to carry outan illegal or harmful act;
h. failure to fulfil a legal duty;
i. provocation;
j. an attempt to obtain money or influencesomeone’s actions by intimidation,as by threats to disclose discreditableinformation;
k. conditions of time, place, etc., thataccompany or influence an event or act;
l. persuasion;
m. substantial, massive;
n. capacity to predict future events;
o. happening, taking place;
p. results or effects of a previouslyoccurring event or act;
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Data di modifica: 19 novembre 2014, 21:46 Utente: Лилия Иванова →
breach of duty > h. failure to fulfil a legal duty;
public worng >b. a violation of public rights and duties,affecting the community as a whole;
omission>c. failure to act;
necessitate>d. make something necessary;
injurious>e. causing damage or harm;
conduct>f. behaviour;
conspiracy>g. a secret plan or agreement to carry outan illegal or harmful act;
inducement> i. provocation;
incitement>l. persuasion;
blackmail>j. an attempt to obtain money or influencesomeone’s actions by intimidation,as by threats to disclose discreditableinformation;
circumstances>k. conditions of time, place, etc., thataccompany or influence an event or act;
gross>m. substantial, massive;
foresight>n. capacity to predict future events;
occurrence>o. happening, taking place;
consequences>p. results or effects of a previouslyoccurring event or act;