regulatory offence
{{Short description|Crime for which mens rea is not required to prove culpability}}
In criminal law, a regulatory offence{{Cite web |title=Legal Definition of REGULATORY OFFENSE |url=https://www.merriam-webster.com/legal/regulatory+offense |access-date=2022-10-23 |website=www.merriam-webster.com |language=en}} or quasi-criminal offence {{Cite web |title=quasi-criminal (proceeding) |url=https://www.law.cornell.edu/wex/quasi-criminal_(proceeding) |access-date=2022-10-23 |website=LII / Legal Information Institute |language=en}} is a class of crime in which the standard for proving culpability has been lowered so a {{lang|la|mens rea}} (Law Latin for "guilty mind") element is not required. Such offences are used to deter potential offenders from dangerous behaviour rather than to impose punishment for moral wrongdoing.
Absolute liability offences
{{see also|Strict liability (criminal)}}
An absolute liability offence is a type of criminal offence that does not require any fault elements (mens rea) to be proved in order to establish guilt. The prosecution only needs to show that the accused performed the prohibited act (actus reus).{{Cite web |title=actus reus |url=https://www.law.cornell.edu/wex/actus_reus |access-date=2022-10-23 |website=LII / Legal Information Institute |language=en}} As such, absolute liability offences do not allow for a defense of mistake of fact.
Due to the ease in which the offence can be proven, only select offences are of this type. In most legal systems, absolute liability offences{{Cite web |title=What Is The Difference Between Absolute Liability, Strict Liability And Full Mens Rea? |url=https://cflaw.ca/practice-area/toronto-quasi-criminal-prosecutions-lawyer/quasi-criminal-prosecutions-what-is-the-difference-between-absolute-liability-strict-liability-and-full-mens-rea |access-date=2022-10-23 |website=cflaw.ca |language=en}} must be clearly labeled as such in the criminal code or criminal legislation.
Public welfare offences
A public welfare offence is a crime for which "a reasonable person should know [that the proscribed activity] is subject to stringent public regulation and may seriously threaten the community's health or safety".{{Cite web |last=Reitz |first=Michael J. |title=Strict Liability and Public Welfare Offenses |url=https://www.mackinac.org/19579 |access-date=2022-10-23 |website=Mackinac Center |language=en}}
See also
References
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