Defense (legal)

Defence referred to in the English criminal actus reus and mens rea addition, the two positive conditions of criminality, as a third element, the absence of a defense objection.

Features

It is characteristic of the defenses of the English criminal law, that the plea of freedom of actus reus and mens rea Although substantive requirement of criminality, it must be made ​​, however, also under procedural law claims. A striking difference from the legal systems of continental Europe is that the distinction is not made in justifying and excusing criminal Grounds for exclusion:

"Any attempt to categorize defenses as justifications or excuses would, in the present state of the law, be premature. "

" Any attempt to classify defense pleas in justification and excuse, would be premature given the current legal status. "

Types of defenses

Among the most important defenses:

• Defence of consent: consent ~
• Duress by threats: ~ coercion, state of emergency '
• Necessity / Duress by circumstance: ~ plight due to external circumstances
• Defence of mistake: ~, mistake '
• Self -defense or private defense: ~ self-defense, self-defense '
• Prevention of a crime: ~ lieu of a criminal offense
• Lawful chastisement: ~ Lawful punishment
• Defence of infancy: ~, age-related Strafunmündigkeit '
• Defence of insanity: ~, mental and spiritual disorder '
• Defence of intoxication: ~, intoxication '