Actua reus is a term used in criminal law that refers to the physical element of a crime, or the action or conduct that is required to be proven in order to establish criminal liability. In other words, actua reus refers to the conduct that a person is alleged to have committed in order to be found guilty of a crime.
There are two main components to actua reus: the act itself, and the attendant circumstances. The act refers to the physical action or conduct that is alleged to be criminal, such as stealing a car or committing murder. The attendant circumstances refer to the circumstances surrounding the act, such as the time and place of the act, and the state of mind of the person committing the act.
In order to establish criminal liability, the prosecution must prove that the actua reus occurred beyond a reasonable doubt. This means that there must be strong evidence to support the allegation that the act was committed, and that the attendant circumstances were such that the act was a criminal offense.
One of the key principles of actua reus is that the act must be voluntary. This means that the person committing the act must have had the intention to commit the act, and must have had the ability to control their actions. If the person was acting under duress or under the influence of drugs or alcohol, they may not be found guilty of the crime because their act was not voluntary.
In addition to the act and the attendant circumstances, there is also the requirement of mens rea, or the mental element of a crime. Mens rea refers to the state of mind of the person committing the act, and it must be proven in order to establish criminal liability. This means that the person must have had the intention to commit the act, or must have been aware that their actions were likely to result in the commission of a crime.
In summary, actua reus is a crucial element of criminal law that refers to the physical action or conduct that is required to be proven in order to establish criminal liability. It is composed of the act itself and the attendant circumstances, and it must be proven beyond a reasonable doubt in order to secure a conviction. Together with mens rea, actua reus is a key principle in the criminal justice system, and it helps to ensure that people are only held accountable for their actions when they have the intention to commit a crime or are aware of the potential consequences of their actions.