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Chapter

Chapter
Mens rea
DOI link for Mens rea
Mens rea book
Mens rea
DOI link for Mens rea
Mens rea book
ABSTRACT
Mens rea in French law is called l’élément intellectuel, l’élément moral or l’élément psychologique. A basic distinction is drawn in French law between those offences which require intention and those which do not. Where no intention is required, the mens rea requirement can be satisfied on proof of negligence, that a person was deliberately put in danger or that the conduct was voluntary. The serious crimes are always intentional, major offences are in principle intentional except contrary legislative provisions requiring a fault of negligence or of deliberately putting another in danger. Minor offences normally only require that the accused behaved voluntarily. Each of the different forms of mens rea will be considered in turn.