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

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In criminal law, 'actus reus' specifically refers to the physical act or conduct that constitutes a criminal offense. This concept encompasses not only the actions taken by an individual but also circumstances and preconditions that are necessary for the act to be considered criminal. For an individual to be found guilty of a crime, there must be a clear and demonstrable act that can be attributed to that individual, distinguishing it from psychological factors or motivations that may have influenced their behavior.

The importance of 'actus reus' lies in its role as a foundational element of a crime, often paired with 'mens rea', which pertains to the mental state of the offender at the time of the action. The combination of both elements is essential for establishing liability in criminal proceedings. Thus, the emphasis on the physical act in this context is central to understanding how crimes are defined and prosecuted within the legal system.

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