ABSTRACT

Criminal law (and liability) is concerned with the enforcement of legal duties to act, not moral duties to act. It includes an obligation to refrain from doing an illegal act or from failing to act as may be required. In other words, when one commits a voluntary act or an omission to act that is illegal as legislated in the law, that act is considered to be a criminal act. The basic element of criminal liability is conduct by an individual who, by his or her free will, either acts wrongly or fails to perform an act he or she is physically capable of performing. Both corporations and individuals may be found guilty of criminal liability.