Second, the accused should have the requisite malicious intent to do a criminal act, or mens rea . Criminal methods of the civil law tradition distinguish between intention in the broad sense , and negligence. Negligence doesn’t carry criminal duty unless a specific crime provides for its punishment. The basic Law constitutional precept, impressed by John Locke, holds that the individual can do anything besides that which is forbidden by law, and the state may do nothing besides that which is authorised by law. Administrative law is the chief technique for individuals to carry state our bodies to account.
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