Introduction to Law Deneme Sınavı Sorusu #725931

Which one of statements about objective and subjective element is true?


The objective element that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences.

As a general rule, omission does not attract criminal liability.

Both civil and common law consist of several offense definitions that do not require an act while giving rise to criminal liability, which is referred to as acts of omission or failure to act.

A person can not also be held criminally liable for mere nonfeasance when he/she is under a legal duty to avert a particular harmand neglects to fulfill that duty.

According to the TPC, gross negligence infailing to perform one’s duties may attach criminalliability, if there is a death or serious injury.


Yanıt Açıklaması:

Consequently, a person can also be heldcriminally liable for mere nonfeasance when he/she is under a legal duty to avert a particular harmand neglects to fulfill that duty. If a person hasviolated a legal duty to avert the harm as defined in an offense description and the harm has occurred,the person becomes liable only if he/she could haveaverted the harm by fulfilling the duty to act.

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