University:
California State University, Northridge
Course:
CJS 320 | Introduction to Criminal Law and Legal Analysis
Academic year:

2024
Views:

79

Pages:

2
Author:

Peggy D.

Course : Criminal Law Lecture : Erwin Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Elements Of Criminal Action The theory of criminal law recognizes two positions about the meaning and elements of a crime. The first establishment is known as establishment or monistic flow, while the establishment or flow the second is the attitude or dualistic flow. A discussion of these two streams is necessary in understanding academic understanding or theoretical about the meaning and elements of action criminal law, especially in relation to the conditions sentencing conditions. The monistic stand looks deep The definition of a crime includes acts and consequences and criminal liability or the fault of the offender. In view of the flow In this monistic view, having committed a crime means a crime. D. Simons formulated the notion of follow criminal (strafbaar feit) that is, the act of violating law that has been done intentionally or not on purpose by someone who can accountable for their actions and that by law has been declared as a punishable act. According to D. Simons who adheres to the establishment/ monistic flow, elements of criminal acts (strafbaar feit) consists of: 1. A human act (menselijk handelingen). By handling, we mean not only “een doen” (deeds), but also “een nalatten” (which result); 2. The deed (i.e. deed and dedicate) prohibited and threatened with punishment by Constitution; 3. The act must be done by someone who can be accounted for, meaning can blamed for doing the deed the. D. Simons distinguished the elements of the act crime into an objective element and a subjective element. Objective elements in criminal acts include: (1) people’s actions; (2) the visible result of the act; (3) there may be certain accompanying circumstances the act, as in public (openbaar) in Article 181 of the Criminal Code. Meanwhile, the subjective element in the follow The crime includes: (1) a person capable of being responsible; (2) the presence of errors (dolus or culpa). While the elements of a crime according to Hazewinkel-Suringa include: (1) elements of human behavior; (2) the element of consequence (in a criminal act that materially formulated); (3) psychic elements (intentionally or negligently); (4) objective elements accompanying the state of the act crime, such as in public; (5) elements of additional conditions to be punished action (Articles 164, 165) is required if the crime occurred; (6) elements against the law.