Law 2101 Study Guide - Quiz Guide: Mens Rea, Supreme Court Of The Netherlands, Actus Reus
Document Summary
In order to trigger criminal liability, someone needs to act before being punished, and an actor can only be convicted for conduct or consequences that he brought about intentionally or negligently. The actor"s purpose is the completion of the offence of the offence. The actor knows that his conduct will almost about consequences, but he does not primarily aim at them certainly bring. Two elements: awareness of the materialization of the risk + acceptance of the risk (act committed nonetheless) The actor is aware of the risk, but he believes it will not occur. It covers both dolus eventualis and conscious negligence of civil law systems. Different from dolus eventualis: actor"s attitude (in dolus eventalis, actor accepts the risk) The actor should and could have been aware of the risk of his conduct. Only gross carelessness is punishable, not light negligence. One element: awareness of an unreasonable risk (acceptance of the risk is not necessary)
