Economics 3366A/B Study Guide - Quiz Guide: Supreme Court Of The Netherlands, Statutory Interpretation, Homicide
23 Sep 2020
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Structure of the criminal offence: actus reus commission and. Civil law systems (germany and the netherlands) -> criminal code (statutory law) + special legislation for specific crimes: general part (e. g. what is an attempt, what about defences?, special part (individual offences, e. g. against life) Common law systems (england and wales) -> case law + statutory law (e. g. conspiracy is mostly a concept developed in case law) + criminal policies (e. g. dutch opium act decriminalization of soft drugs) Structure of criminal offence & the framework of liability: actus reus (objective element the act) + mens rea. Does the act/omission fulfill the offence description? (e. g. arts. Both elements, the actus reus and the mens rea, have to be fulfilled: the actus reus can (but not always) need to consist of 2 elements: conduct, consequences, and circumstances. Circumstantial element = the conduct takes place without the consent. Consequential element of manslaughter = death of another person.
