Criminal Liability Act

Current as of Monday, January 22, 2024 3:19 AM.

SECTION I. CITATION

…1.1. This Act shall be known and cited as the "Criminal Liability Act”.

SECTION II. LIABILITY

…2.1. Unless stated otherwise, all criminally liable offences shall require proof that the defendant had committed a voluntary action or a voluntary omission to act which resulted in the prohibited consequence before a conviction can occur.

…2.2. Unless stated otherwise, all criminally liable offences shall require proof that the defendant had intended or acted recklessly to cause the prohibited consequence before a conviction can occur.
…2.2.1. Intent is when the defendant wanted to commit a prohibited consequence and acted or omitted to act so as to cause a prohibited consequence.
…2.2.2. Recklessness is when the defendant had acknowledged or should have been aware that their action or omission would risk causing a prohibited consequence.

…2.3. A defendant can only be convicted if they have been proven to be liable beyond a reasonable doubt.

SECTION III. DEFENCES

…3.1. The defence of necessity is when the defendant had committed an offence with the intent to prevent a greater offence.
…3.1.1. The Conclave may, but is not required to, acquit a defendant on the defence of necessity.

NOTICE OF ENACTMENT

The Criminal Liability Act was enacted by the 60th Magisterium on Monday, January 22, 2024 3:19 AM after the Delegate had signed off.

Act as enacted

SECTION I. CITATION

…1.1. This Act shall be known and cited as the "Criminal Liability Act”.
SECTION II. LIABILITY

…2.1. Unless stated otherwise, all criminally liable offences shall require proof that the defendant had committed a voluntary action or a voluntary omission to act which resulted in the prohibited consequence before a conviction can occur.

…2.2. Unless stated otherwise, all criminally liable offences shall require proof that the defendant had intended or acted recklessly to cause the prohibited consequence before a conviction can occur.
…2.2.1. Intent is when the defendant wanted to commit a prohibited consequence and acted or omitted to act so as to cause a prohibited consequence.
…2.2.2. Recklessness is when the defendant had acknowledged or should have been aware that their action or omission would risk causing a prohibited consequence.

…2.3. A defendant can only be convicted if they have been proven to be liable beyond a reasonable doubt.
SECTION III. DEFENCES

…3.1. The defence of necessity is when the defendant had committed an offence with the intent to prevent a greater offence.
…3.1.1. The Conclave may, but is not required to, acquit a defendant on the defence of necessity.

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