Mens Rea Case Study

850 Words4 Pages
Then I explain the elements of criminal law in civil law and common law focusing in the principle of Mens Rea, now I am going to analyse deeply the differences between this two legal systems. The elements in both systems are the same, in both systems are important actus reus, mens rea and causation to determinate that an individual is guilty. For example: an individual rape a woman, he performed a criminal act with intention to act in this way and this action caused a damage or a result. In this case the individual is guilty to rape. In this sense, I think that is important to mention the main difference between Spain and England. This difference is about “Omission”. In Spain the element “Actus Reus” implies acts of individual, a human act, a movement. However, within the human act also implies “doing nothing”, this mean that the acts of the individual in which they do not make nothing, are also punished. In contrast, in England the “Omission” is not punished because is not considered like an…show more content…
With the intention, Mens Rea is formed by recklessness too. Recklessness is a lack of care and lack of compromise with to avoid the result. Recklessness is formed, basically, by the breach of duty of care and foreseeable and preventability. There are several types of recklessness, however this distinction is unnecessary, because in Spain when an individual acts with recklessness, acts with it, it does not matter what kind of recklessness it is. To punish the recklessness of an individual is necessary that the crime (with recklessness) is written in a SCC, for example the manslaughter in Spain is punished because there are an article that contemplates. This is “Numerus Clausus” (art. 12 SCC). In the other side, Mens Rea is formed by Intention, Recklessness and

More about Mens Rea Case Study

Open Document