actus reus - an element of the offense, the presence of which is necessary for qualification actions (inaction) of the perpetrator.It is the outward manifestation of a socially dangerous unlawful encroachment on the protected object criminal law.It is expressed in a set of interrelated elements required, namely in the act, of consequences, there is a causal connection.
actus reus is always expressed in an act that is its main feature.It is an act of behavior, which is carried out by the action (or inaction) prohibited by criminal law.Socially dangerous acts, recognized by the law of crime recorded in the Criminal Code.The disposition of the article may contain a listing of socially dangerous action (eg, purchase, storage, transportation of narcotics), or specify the name of the offense (eg murder, robbery, burglary).
actus reus includes such features as of the consequences that are socially dangerous, and a causal link.They must be of material compositions.The consequences of the crimes may be different.For this murder - death for theft - theft of some items, and so on. D.
between criminal acts and consequences of the existence of a causal relationship necessarily.This means that the damage must have been caused as a direct result of actions (inaction) of the perpetrator, and not because of any other objective factors.
addition to the main, there are optional features of actus reus.Let us consider each of them separately.
- place is perfect, there is a certain space (territory) where a crime has occurred.The definition of this feature is especially important when establishing the territory of the State where the criminal offense was committed, to know which country's law should be applied.
- time, then there is a certain period during which the offense occurred.As a rule, it is not stated in the special part of the Criminal Code, but often refers to, for example, in Art.106 - the murder of a newborn mother.In addition, it should be remembered that the crime can occur simultaneously, and may be continuing.For example, in the first case, TV abduct whole plant, one day, and in the second - on the details for a long time.This distinction is significant effect on qualification.
- method of committing a crime, ie. E. A set of methods, techniques used guilty to achieve the desired result to him.Establishing method allows to distinguish between the offenses that are similar to each other (for example, to distinguish from robbery robbery).In addition, it can be specified in the Code as a qualifying feature, for example, dangerous way (arson, explosion and so on. N.).
- tools and means used in the commission of the act.To carry out a criminal act can be used a variety of tools, items and substances.The funds can act as a master key, acid, poison, gas, and others. The instruments are most often cars and other vehicles, weapons and objects used in that capacity and others.
- crime situation.Under it implies a certain situation and the prevailing conditions at the time of the crime.This feature is important in qualifying action culprit in excess of the legality of self-defense, leaving at risk.
actus reus - a necessary element of the offense, the absence of which a person can not be prosecuted.
