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CSEET · Business Laws and Management · Introduction to Law

Which of the following statements about the maxim "Actus non facit reum nisi mens sit rea" is correct?

The maxim means that an act does not make a person guilty unless the mind is also guilty. Criminal liability generally needs both a prohibited act and a guilty intention, known as mens rea, behind it.

  1. AAn act alone makes a person guilty regardless of intention
  2. BAn act does not make a person guilty unless the mind is also guiltyCorrect
  3. CA person is guilty only when the act is committed in public
  4. DA guilty mind alone, without any act, always makes a person liable

Explanation

The maxim states that the act by itself does not make a person guilty unless there is also a guilty mind (mens rea). It underlies the general principle in criminal law that both a prohibited act and a guilty intention are usually needed. The option stating the act alone is enough contradicts the maxim.

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