Element

Dari HukumPedia

Particular facts, occurrences and or issues of law, which must be proved in order to win a case.

So for example, a prosecutor in most common law countries must prove at least the following two elements in order to succeed against an accused in most criminal cases, that is, that the accused:

1. physically carried out the act that constituted the crime (actus reus); and 2. had the mens rea to commit the act.

In many cases, there will be further elements of the crime that must be proved by the prosecutor.