Where do we find substantive criminal law?

Germany/Netherlands

a. Criminal code 2 parts:

1. General part=rules applicable to all the offences
2. Special part=individual offences (life, body integrity, rights, personal freedom,
property)
b. Special legislation (for specific crimes: drugs, economic, environmental)

England/Wales

a. Common law:
1. Judges make the law

b. Statutory law:
2. Created by legislator

(Conspiracy crimes both common and statutory law offence)

The actus reus of an offence can but it does not always need to consist of : conduct,
consequence and circumstances.

Civil law systems:

A giving conduct must (1) fulfill the legal elements of the offence, (2) be unlawful and (3)
there must be a guilt on the part of the defendant.

When the first one is fulfilled, usually the second and the third requirements are presumed
but it can exist justifications or excuses.

Criminal liability requires a positive act or an omission

a. Positive action + mens rea= liability

b. Omission + mens rea + violation of duty of care=liability

However, often human conduct exists of a combination between action and inaction