Mens rea
As mens rea ( lat. , Guilty mind '; and mental element or fault element ) is known in the Anglo-American criminal law a requirement of criminality . As a positive prerequisite for criminal liability (in contrast to the defenses ), he describes all internal elements of crime in contrast to the actus reus : "Actus non facit reum, nisi mens sit rea".
There are four different manifestations: intent or intention , knowledge , recklessness and negligence . Cases of strict liability do not require subjective reproach.
In German criminal law, one speaks of a subjective offense , an awareness of wrongdoing or a charge of guilt . A distinction is made here between willful and negligent commission .
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 .
Individual evidence
- ↑ Tom Bruno: The Four Types of Mens Rea firm website, accessed May 7, 2017
- ↑ Mens rea - Intention e-lawresources, accessed on May 7, 2017
- ↑ Mens rea Dictionary English-German, Linguee.de, accessed on May 7, 2017
- ^ Criminal Law: Mens Rea. In: IPSA LOQUITUR. Retrieved October 20, 2019 (American English).
