ACTUS NON FACIT REUM Meaning and
Definition
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"Actus non facit reum" is a Latin legal maxim that translates to "an act does not make a person guilty." This principle is a fundamental concept in criminal law and highlights the importance of intent and culpability in determining criminal liability.
According to this principle, mere commission of an act does not automatically render an individual guilty of a crime. Instead, to establish guilt, the prosecution must demonstrate that the accused had a culpable mental state, or mens rea, at the time the act was committed. In other words, the accused must have had the intention or knowledge of committing the criminal act.
The doctrine of "actus non facit reum" recognizes that criminal liability should be based not only on the act itself but also on the subjective state of mind and intent of the perpetrator. This principle acts as a safeguard against unjust punishment, ensuring that individuals are not held criminally responsible for accidental or unintentional acts.
In practice, therefore, to obtain a conviction, prosecutors need to prove both the physical act, known as the actus reus, and the defendant's criminal intent. This concept is integral in distinguishing between premeditated crimes and those committed without a guilty mental state. "Actus non facit reum" highlights the fundamental principle that to establish criminal liability, both the act and the intention to commit the act must be present.
