| Mens rea can be described as the mental element of criminal behaviour. Aspects of the research on mens rea are amongst others, intent, knowledge, recklessness and the principle of nulla poena sine culpa vs. strict liability. A defence is a type of plea where the defendant admits the accusations but asserts further facts which, in law, justify or excuse his action. One might think of self-defence, insanity or duress. This ambitious project aims at creating a general part of European criminal law by inferring the common general principles of criminal law from the existing legal systems of the Member States and and the EU and subsequently merging them into one coherent and enforceable system. |
