Key Criminal Law Concepts: Actus Reus, Mens Rea & More
Key Criminal Law Concepts
Actus reus: The physical act of the crime.
Mens rea: The mental intent to commit the crime.
Transferred Intent: In both criminal and tort (civil wrong) law, transferred intent occurs when an intent to cause harm to one person results in harm to another person instead of the intended target. The law transfers the intent to the actual harm.
Criminal Negligence (Crim Neg): Recklessly acting without reasonable caution, putting another person at risk of injury or death (or failing
Read MoreConstitutional Rights: Resource Protection & Appeal
Resource Protection, Article 20 Constitution
Requirements for concurrence:
- Acts or omissions have occurred.
- Because of these acts or omissions, an individual is privately, disturbed, or threatened in the legitimate exercise of a constitutional right or guarantee.
- These rights are outlined in Article 20 EPC.
Acts or Omissions: Arbitrary or Unlawful
- Arising out of any third party, excluding courts or law.
- The illegal act may refer to: Violation of the law.
- The illegal act: No rational basis.
- The constitutional
Understanding Primary, Secondary, and Tertiary Crime Prevention
Understanding Crime Prevention: Primary, Secondary, and Tertiary Strategies
Primary Prevention: Focuses on preventing social problems or risk factors from emerging, strengthening individual and community resources. These measures aim for long-term effects, often with limited immediate political gains. Environmental programs based on the “defensible space” theory are examples.
Objective: Reduce opportunities for crime by addressing structural social, health, and urban issues.
- Delinquent: Address structural
Police-Prosecution Communication and Suspect Rights
Communication Between Prosecution and Police
Submissions should be performed in the most expeditious manner. Communication can occur in the following situations:
- Urgent cases: The judge will direct instructions orally by telephone or equivalent means.
- Non-urgent cases: Instructions can be given orally, by fax, email, or other means.
What Happens if Police Officers Are Prevented From Performing a Prosecutor’s Mandate?
- Contact the prosecutor and their superiors.
- Report the reason for not being able to fulfill
Filing a Criminal Complaint: Rights, Obligations, and Process
Filing a Criminal Complaint: An Overview
The Complaint: The act or declaration of knowledge that is transmitted by a judicial body, the Prosecutor, or the police, informing them of a criminal offense. It has a dual nature: a duty for some and a right for others. Senior citizens with direct knowledge of a crime have a responsibility to report it. Specific professions, such as medical professionals, also have specific obligations.
This right is exercised by those directly offended by the crime, as well
Read MoreUnderstanding Criminal Complaints: Types, Requirements, and Process
Understanding Criminal Complaints
A complaint is an act or declaration of will, representing the exercise of criminal action by which the plaintiff assumes the role of prosecution in initiating a legal process. It’s an act of election that assists the victim. In Spanish law, any citizen can exercise popular action, and prosecutors can initiate criminal proceedings. It serves as both a statement of knowledge and a declaration of intent.
Types of Complaints
- Public: Any capable Spanish citizen who has