Define: Actio Non Facit Reum Nisi Mens Sit Rea

Actio Non Facit Reum Nisi Mens Sit Rea is a Latin legal maxim that translates to “an act does not make a person guilty unless the mind is guilty.” This principle is a fundamental aspect of criminal law, emphasising that a person cannot be held criminally liable for their actions unless they possess the necessary mental state or intent to commit a crime.

Under this principle, the prosecution must prove beyond a reasonable doubt that the accused had the requisite mens rea, or guilty mind, to establish criminal liability. It is not sufficient to merely demonstrate that the accused committed a prohibited act, known as the actus reus. Both elements—the guilty mind and the guilty act—must be present for a conviction.

The concept of mens rea recognises that individuals should not be held accountable for accidental or unintentional acts. It distinguishes between those who commit crimes with a guilty state of mind, such as intent or knowledge, and those who act without such culpability.

Actio Non Facit Reum Nisi Mens Sit Rea serves as a safeguard against unjust convictions and ensures that criminal liability is based on a person’s mental culpability rather than solely on their actions. It is a fundamental principle in criminal law systems around the world, promoting fairness and protecting individuals from being held criminally responsible for acts they did not intend to commit.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.