What does "actus reus" refer to in criminal law?

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"Actus reus" refers to the "guilty act" in criminal law. It is a foundational concept that signifies the physical element of a crime, encompassing the behavior or action that constitutes a violation of the law. This can include actions taken or omissions made by an individual that lead to the crime.

Understanding "actus reus" is crucial because, in criminal law, the prosecution must establish that the defendant engaged in a voluntary act or failure to act when there was a legal duty to do so. It is one half of the required elements for establishing a crime, the other half being "mens rea," which refers to the mental state or intent of the perpetrator at the time of committing the act. Therefore, "actus reus" is essential for determining liability because without a guilty act, there cannot be a crime.

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