actus reus


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actus reus (ak·ˑts rē·s),

n a physical, criminal act that must be undoubtedly established as having occurred in order to convict a defendant of a crime.
References in periodicals archive ?
Even leaving aside the ambiguity relating to the application of different standards of proof to the establishment of the actus reus of genocide ("fully conclusive" evidence) and the mens rea of genocide ("the only reasonable inference"), the position of the Court is problematic because it does not justify the application in the framework of state responsibility of such a high standard of proof as is applied in the establishment of individual criminal responsibility.
Sin embargo, ello fue suficiente para que dichas matanzas califiquen como actus reus genocida en virtud del articulo II (a) (27).
28) Under such circumstances, the Ninth Circuit had no trouble combining the mens rea of the COO and the actus reus of the innocent employee, holding that "[a] corporation will be held liable .
130) Conspiracy poses an interesting problem in this framework because the actus reus of the crime--agreement--is pure expression.
students of criminal law are taught to characterize actus reus and mens
The actus reus element always has a mental element of intent or knowledge: The state must prove one intentionally or knowingly did something.
3) The lack of scholarship regarding this offense is somewhat perplexing, given that, in recent years, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the former Yugoslavia (ICTY) have taken different approaches to the issue of whether speech can serve as an actus reus for persecution as a CAH (CAH-persecution).
Assuming evidence of the stipulated facts, this would be sufficient to establish the actus reus and mens rea for the offence and convict C of murder.
An assailant who seeks to rely on the defense of belief in consent in the absence of such evidence, is liable to be convicted on the ground that his evidence in defense is tantamount to an admission that he committed the actus reus and that he did so with knowledge of the absence of the complainant's consent.
With respect to incomplete attempts, stringent requirements have often been applied regarding the actus reus element.
si altii, si alte lucruri in personam in personam/cu privire la persoana in rem in rem/cu privire la lucru/fapt in propria persona expresia se refera la infractiuni cu autor unic actus reus actus reus/elementul esential al unei infractiuni ce trebuie dovedit corpus delicti corp delict mens rea intentie criminala