The strict liability as an exceptional criminal imputation

Authors

  • Lorena Varela

Keywords:

Common law, criminal imputation, mala in se crimes, mala quia prohibita crimes, principle of mens rea, strict liability

Abstract

This job aims to provide some essential aspects of the figure of Anglo-American strict liability
as a form of exceptional criminal imputation. Throughout the text, the concept, the types, the positive
legislation and the foundations of the validity of strict liability in common law are addressed. At the
end, it will be concluded that, although strict liability crimes are distinguished from offenses that require
mens rea, neither of the two deviates from the basic requirement of the voluntary action as a
precondition of criminal liability, which raises the question of to what extent strict liability can be
reproached for not respecting the principle of guilt.

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Published

2024-10-07

How to Cite

Varela, L. (2024). The strict liability as an exceptional criminal imputation. Revista Científica Do CPJM, 3(11), 1–28. Retrieved from https://rcpjm.cpjm.uerj.br/revista/article/view/317