Bipartite System Essay

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1. Analysis of the bipartite system
Arguably the simpler of both systems – the bipartite system is mainly used in the common law countries, as well as in France and other French-speaking countries. Distinguishing between actus reus, which is the external side of the criminal offence and mens rea, which is the internal, the basic principle of this system is that for every criminal offense, a combination of both actus reus and mens rea must be present. This idea was first expressed by Edward Coke, who by using a common law precedent, namely that a potential thief who acquires the possession first and then forms the intention to steal is considered to be not guilty of theft. His reasoning was based on the fact that the intent (mens rea) to steal developed after and not synchronously with the actual act of stealing (actus reus). …show more content…

This major flaw is in the area of defenses – the bipartite system fails to find a place within its structure for the different areas of defenses, which fall under the division of excuses and justifications. All the different types of defenses (e.g self-defense, necessity, intoxication, insanity, duress) stand outside of the strictly defined bipartite structure of actus reus and mens rea.
One of the typical features of this system is its specific theory of mistake, which reduces the theory to factors negating the required mens rea. An example here is that a mistake about an essential feature of the offence will countermand intention.
The bipartite system may also be addressed in the framework of the so-called quadripartite system which was for the most part included in the criminal liability literature of the Communist

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