Define: Substantive Crime

A substantive crime refers to a criminal offense that involves the violation of a specific law or statute. It encompasses a wide range of offenses such as murder, theft, assault, drug possession, and fraud.

While substantive crimes focus on the actual act or behavior that is prohibited by law, procedural crimes pertain to violations of legal procedures or rules during the criminal justice process, such as unlawful search and seizure or denial of due process.

The elements of a substantive crime typically include the actus reus (the guilty act), the mens rea (the guilty mind or intent), and the causation between the act and the harm caused.

In some cases, certain substantive crimes may not require proof of intent. These are known as strict liability offenses, where the act itself is sufficient to establish guilt, regardless of the defendant’s intent or knowledge.

Penalties for substantive crimes vary depending on the jurisdiction and the severity of the offense. They can range from fines and probation to imprisonment, community service, or even capital punishment in some jurisdictions.

Yes, it is possible for a person to be charged with multiple substantive crimes if their actions violate multiple laws simultaneously. Each offense will be treated separately and may result in separate charges and penalties.

While many substantive crimes involve harm or potential harm to others, certain offenses, such as drug possession or certain white-collar crimes, can be committed without causing direct physical harm to another person.

Yes, in some cases, a person can be charged with a substantive crime for failing to act when they have a legal duty to do so. For example, a parent’s failure to provide necessary medical care to their child may be considered a substantive crime.

In some situations, a substantive crime may be justified if it can be proven that the defendant acted in self-defence, defence of others, or under duress. However, the burden of proof lies with the defendant to establish these justifications.

The possibility of expunging a substantive crime from a person’s criminal record depends on the laws of the jurisdiction and the specific offense committed. In some cases, certain non-violent offenses may be eligible for expungement after a certain period of time or upon meeting certain criteria. However, serious offenses or repeat offenses may not be eligible for expungement.