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09:14 Jan 14, 2020 |
Polish to English translations [PRO] Law/Patents - Law (general) / Criminal Law | |||||||
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| Selected response from: mike23 Poland Local time: 01:16 | ||||||
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3 | culpable act or conduct occurring/that occurs prior to (the commission of) an offence |
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2 | mens rea |
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Zawinienie na przedpolu czynu (wybrane zagadnienia) |
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Discussion entries: 3 | |
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mens rea Explanation: Mens rea (/ˈmɛnz ˈreɪə/; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes. https://en.wikipedia.org/wiki/Mens_rea ccccccccccc mens rea (ˈmɛnz ˈreɪə) n (Law) law a criminal intention or knowledge that an act is wrong. It is assumed to be an ingredient of all criminal offences although some minor statutory offences are punishable irrespective of it. https://www.thefreedictionary.com/mens rea |
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culpable act or conduct occurring/that occurs prior to (the commission of) an offence Explanation: zawinienie - culpable act or conduct na przedpolu - occurring prior to sth / preceding sth / prior to the commission of sth czyn - act / action // here also: (criminal) offence / illicit/illegal/unlawful act // (the commission of) an offence --- A. Actio Libera In Causa One approach, actio libera in causa (a state resulting from voluntary action), is similar to the theory offered by Professor Robinson. According to this theory the actor is held responsible for voluntarily intoxicating himself and thus, for causing his incapacity.” The actio libera in causa theory is structured in the same manner as the already mentioned actio illicita in causa theory, however, the two theories are not identical. While the actio illicita in causa theory emphasizes the wrongfulness of the preceding conduct, the decisive point of the actio libera in causa theory is the actor’s responsibility in bringing about his incapacity. Unlike the actio illicita in causa theory, the actio libera in causa theory should be considered an officially recognized principle of German criminal law. The German Criminal Code does not provide for it, but courts and scholars have adopted it.” An actio libera in causa offense can be committed either intentionally or negligently.“ For an actor to be held responsible for an intentional actio, he must act intentionally with respect to his intoxication as well as to the contemplated offense. When he commits the contemplated offense, he again must act intentionally. The actor is responsible for negligence if he causes his intoxication intentionally or negligently and if he realizes or could have realized the risk that while in such a condition he might commit an offense. https://www.law.upenn.edu/institutes/cerl/conferences/actiol... -------------------------------------------------- Note added at 11 hrs (2020-01-14 20:15:28 GMT) -------------------------------------------------- na przedpolu actually means two things - sth occurring prior to and facilitating the commission of an offence Option 2: culpable act or conduct that (occurs prior to and) facilitates the commission of an offence OR prior culpable act facilitating the commission... |
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Reference: Zawinienie na przedpolu czynu (wybrane zagadnienia) Reference information: https://czpk.pl/wideo/zebrania-naukowe-katedry-prawa-karnego... -------------------------------------------------- Note added at 1 hr (2020-01-14 10:20:10 GMT) -------------------------------------------------- Article 31 § 1 does not commit a crime, who, by reason of mental illness, mental retardation or other mental disturbance activities, could not act in time to recognize its significance or to direct his actions. - https://www.unodc.org/res/cld/document/pol/1997/penal_code_h... |
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