Criminal Liability: On Element of Offence Against Life

Abstract

          Structure of criminal liability under the Criminal Code is divided into elements called External Action (Actus Reus) which are offender, action, and object of action; and Internal Action (Mens Rea) which are intention and negligence. In case that such crime requires a causation, offender will be subject to criminal liability upon such result which is related to action pursuant to relationship principle between action and result. Based on the research, it appears that offences under the Criminal Code, Part II: Offence, Title X: Offence Against Life and Body, Chapter 1: Offence Causing Death according to Sections 288, 289, 290, 291, 292, 293 and 294, require causation. The law must be strictly interpreted in compliance with interpretation rule. External Action of such offence that is offender and object of action means ordinary person and juristic person, exclusive of humanoid robot with artificial intelligence. External Action that is the object of action should be any ordinary person who is alive only, thus excluding brain - dead person.