2007 m. gruodžio 5 d., trečiadienis

CRIMINAL LAW SUMMARY


The state understands crimes as wrong acts and punishes guilty people, but crimes can be understood differently in different countries. State cannot say that a person is guilty until state proofs the guilt.

There are two important elements to a crime: the criminal act and the criminal state of mind of the person at that moment when the person has committed the crime. In Anglo-American the crime elements are known as Actus Reus and Mens Rea. The act must be a substantial cause of the result. Person can avoid guilt or the guilty can be reduced if one of actions are proofed defense, duress, insanity, intoxication, self-defense or crime of passion. Mitigation is not the same as defense.

Nowadays the crime rate is growing and euthanasia causes many discussions, people cannot say if euthanasia is a crime of killing or not.