Law 5110 Study Guide - Quiz Guide: Criminal Negligence, Criminal Law
Document Summary
Mens rea - mistake of law & mistake of fact in german criminal law: the german concept of crime. Dolusdirectusfirst degree (intent in narrow sense - absicht/purpose); Dolus eventualis(bedingtervorsatz - similar to english recklessness); Wissen (cognitive, present and real knowledge - co-consciousness is enough); Three stages to find criminal liability: tatbestand(objective and subjective elements of crime), rechtswidrigkeit (unlawfulness, liability can be removed by justification. Then, a criminal act can exempt the actor from punishment because his conduct is not "illegal"): schuld (if actor can be blamed or personally reproached with conduct - if not, no culpability. Even if intention is proved, culpability still needs to be proved. To find this, intent includes a consciousness of surrounding circumstances, and the actor must know his conduct is illegal. Also, it matters if he could have avoided the crime). First two stages constitute criminal wrong (unrecht): vorsatzor dolusin german criminal law.
