Legal Literacy - This article discusses the concept of fault in criminal law, which is divided into intent and negligence. How does it work? Let's take a look at the explanation below.

The Concept of Fault in Criminal Law

In criminal law, a person can be sentenced if they commit a criminal act, are capable of being held responsible, are at fault, and there is no excusing reason. As described in the previous series, there are monoistic and dualistic views in understanding criminal acts and criminal responsibility, which have a significant impact.

The monoistic school of thought views that if a person's actions are against the law and meet the elements of a crime, then they can be sentenced. On the other hand, the dualistic school of thought believes that it must be proven actus reus of the defendant's actions before assessing mens rea that exists within the defendant. Mens rea is assessed using the principle of fault, which is geen straf zonder schuld.

According to Simons, the concept of fault is the psychological state of a person who commits a criminal act, and there is a relationship between that psychological state and the act committed, so that the perpetrator can be blamed for acting in that way. The concept of fault can be divided into two, namely intent and negligence.