The guilt in criminal law and elements that excluded criminal from the law


Guiltis one of the four required elements in the general notion of crime, which means that the single act could be considered a criminal offense it is necessary that it can be attributed to the guilt of the perpetrator. Previous legislation did not use the term guilt, but it knew the term criminal responsibility.


Guilt is essentially the central concept in criminal law since it is the basis and precondition of criminal responsibility. For someone criminally fit, is not enough just to do the work but it is necessary that the blame for what he has done or failed to do.

handcuffsAccording to the Code, there is a fault if the perpetrator was mentally ill and if he acted with intent, and he was aware or was obliged to and could have been aware that its work is prohibited. However, the fault may exist even when the perpetrator acted negligently and if the law expressly provides. So, as an element of guilt occurs and illegality. Awareness of illegality does not always exist, it is sufficient that there was a duty and that such a consciousness has.

Criminal Code does not define accountability, but insanity that exists in situations where the offender could not understand the meaning of his act or could not control his activities due to psychological disease, impermanent mental illness, mental retardation or other serious mental disorder.

moorad3_0The criminal offense is committed by negligence when the perpetrator was aware that your actions can do the work, but carelessly assumed that this will not happen or that it will be able to stop or when he was not aware that your actions can make work even though under the circumstances it was done and according to his private features, he should and could have been aware of this possibility.

Establishing guilt involves determining the existence of intent or negligence in crimes, but also the absence of grounds that exclude the guilt. However, the lack of grounds for exclusion of guilt is not necessary to determine, it is assumed, which means that the existence of grounds for exclusion of guilt must be established. If you want to know more about this topic contact Criminal attorney Los angeles.