CJEU|LAW|Criminal law
- mental element of an offence | subjective conditions for criminal liability | mens rea
- en
- Definition The state of mind that the prosecution must prove a defendant to have at the time of committing a crime in order to secure a conviction. [UK] Reference Oxford Dictionary of Law, OUP, New York, 2015, ISBN: 978-0-19-966492-4, p. 395.
- Comment "Whenever mens rea is required, the prosecution must prove that it existed at the same time as the actus reus ( IATE:3584856 ) of the crime (coincidence of actus reus and mens rea) .. mens rea is not synonymous with criminal intention ( IATE:3584165 ) . “The expression mens rea refers to the state of mind expressly or impliedly required by the definition of the offence charged. This varies from offence to offence, but typical instances are intention, recklessness and knowledge”. . [In England and Wales], “ mens rea means in murder an intention unlawfully to kill or cause grievous bodily harm to another human being; in theft that D acted ‘dishonestly’ and with the intention of permanently depriving another of the property; and in criminal damage an intention to damage property belonging to another, or recklessness as to whether any such property would be damaged.” Card, Cross and Jones, Criminal Law, 20th Ed, OUP, Oxford, 2012, ISBN 978-0-19-964642-5 pp. 33 and 69. . For Scots law, see T.H. Jones and M. Christie, “Criminal Law”, 5th Edition, W. Green & Son Ltd, Edinburgh, 2012, ISBN 978-0-414-01834-1 p. 59:: “This […] example also illustrates the point that the mens rea of some crimes can extend to those who do not anticipate causing any harm, but really ought to have realised the risks involved in their actions. Mens rea does not refer to any one mental state. It cannot be equated with intent. There are degrees of mens rea. […] In relation to common law (and statutory) crimes, therefore, there are two core states of mind: (1) intention; and (2) recklessness. That said, Scottish practice recognises a wide variety of terms to indicate mens rea in common law crimes. These include, inter alia, knowledge, malice and wilfulness.”"