Define: Actns Non Facit Reum Nisi Mens Sit Rea

Actus non facit reum nisi mens sit rea is a Latin legal maxim that translates to “the act does not make a person guilty unless the mind is also guilty.” This principle is a fundamental aspect of criminal law, emphasizing that a person cannot be held criminally liable for their actions unless they possess the necessary mental state or intent to commit a crime.

According to this maxim, the mere commission of an act, or actus reus, is not sufficient to establish criminal liability. The mental element, or mens rea, must also be present to prove that the person had a guilty mind or criminal intent at the time of the offence. This principle recognises that a person’s mental state is crucial in determining their culpability and distinguishing between innocent and criminal behaviour.

The concept of actus non facit reum nisi mens sit rea is widely recognized and applied in various legal systems around the world. It serves as a safeguard against unjust convictions and ensures that individuals are not held criminally responsible for accidental or involuntary actions. By requiring both the act and the guilty mind, this maxim helps maintain a fair and just criminal justice system.

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: 29th March 2024.