Actus reus

As actus reus (Latin, guilty act. '; Also external element or objective element ) is known in criminal law of England and Wales a precondition of criminality . As a positive precondition for criminal liability (as opposed to defenses ), it describes the objective fact , ie all elements of the crime that do not relate to the perpetrator's inner attitude towards the act (subjective fact); the latter is referred to as mens rea : “ Actus non facit reum, nisi mens sit rea ” - “No guilt without awareness of guilt”. What the actus reus actually consists of results from the respective criminal law ( Statute Law ) or the common law .

literature

• Volker Helmert: The definition of a criminal offense in Europe . Duncker & Humblot, Berlin 2011, B. The definition of criminal offenses in England, p. 93-100 .