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Criminal Law Solved Assignment

   

Added on  2021-06-10

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Registration No:Word Count: 1501Criminal law is the body of rule that outlines illegal wrongdoings, governs the arrest, accusing,and trial of suspects, and establishes the consequences and action options for sentencedcriminals. Criminal law is just one of the tools used by planned the social orders to defendspecific interests while also ensuring the group's survival. A crime, according to the traditionalview of criminal law, is an act that is morally wrong. The goal of felonious sanctions was tomake the lawbreaker pay retribution for the harm he caused and atone for his moral guilt;punishment was to be proportional to the accused's guilt. More rationalistic and realisticviewpoints have dominated in modern times. Criminal law differs by authority and varies fromcivil law, which focuses on quarrel tenacity and reimbursement for victims rather than sentenceor recuperation. Criminal procedure is a solemn certified action that validates the fact of amisconduct and permits the offender's punishment or rehabilitation. Criminal law isdistinguished by the severity of the potential consequences or penalties for breaking its rules.There are criminal elements in every crime. For the most serious offences, capital penalty maybe compulsory in some dominions.1“Actus Non Facit Reum Nisi Mens Sit Rea”, explains that any act must be done with a guilt-ridden mind in order to be unlawful in nature. To felon the offender, it must be established thatthe wrong act was committed with the intent to commit a crime. The aim of the suspect to dothe particular act is just as important as the act itself in proving the accused's guilt. As a result,the mere directive of an illegal act or a violation of the law is insufficient to create awrongdoing. It should be used in conjunction with the existence of wrongdoing. Furthermore,the mens rea is critical in determining the gravity of the wrongdoing committed. Theblameworthy mental state is the most important component. Its absence would render theliability null and void. However, there are certain exclusions, such as firm obligation, to thefact that there is no crime without a guilt-ridden mind. It is not essential to demonstrate that aculprit influenced the relevant mens rea for the act committed under strict liability. Actus Reusand Mens Rea are the two fundamental workings of criminal law. The wrongful act is knownas Actus Reus, and the state of mind that leads to such activities is known as Mens Rea. ActusNon Facit Reum Nisi Mens Sit Rea clarifies the application of Mens Rea in criminal law. Itpositions that an individual is only guilt-ridden of committing a crime if the act is done with theintent to commit a crime 2. Crimes committed with specific intent, rather than unanticipated orunintentional acts, are subject to harsher penalties. However, no violation of the law will gounpunished. As a result, this maxim has been developed to distinguish between deliberate andunintended illegal acts so that the appropriate penalty can be determined. In most cases, mensrea is a necessary component of a crime. When the legislature expressly declares an act to becriminal, however, the question of intent or malice is only relevant in determining the severityof the punishment. A statute may be written to cover such a subject and make an act illegalregardless of whether the act was done with the intent to break the law or otherwise to dowrong or not. The legislature has the authority to make the mere act of performing a particular1Norton, Jerry and Jescheck, Hans-Heinrich. "Criminal law".Encyclopedia Britannica, 27 Feb. 2020, https://www.britannica.com/topic/criminal-law. Accessed 21 March 2021.2 Actus Non Facit Reum Nisi Mens Sit Rea – Legal Maxim By KOUSINI GUPTA .June 26, 2019
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