The paradigm case of a criminal offense lies in the proof, past reasonable doubt, that a person is guilty of two things. First, the accused should commit an act which is deemed by society to be felony, or actus reus . Second, the accused must have the requisite malicious intent to do a legal act, or mens rea . However, for thus referred to as “strict liability” crimes, an actus reus is sufficient. Criminal techniques of the civil regulation tradition distinguish between intention within the broad sense , and negligence. Negligence does not carry legal duty until a particular crime provides for its punishment.
However, right now there are signs that civil and customary regulation are converging. EU law is codified in treaties, however develops by way of de facto precedent laid down by the European Court of Justice. Criminal law, also referred to as penal regulation, pertains to crimes … Read More