Practice question · Multiple choice
Finalism shifted intent from culpability to the statutory type, whereas classical theory kept all mental states on the upper floor. What follows from this shift when assessing an actor who makes a genuine mistake of fact?
Hints
- Where does the actor's mental representation of the facts reside once intent moves to the second floor?
- If an essential element of the statutory definition is not known by the agent, at which stage does the analysis break down?
Show the answer
C. The mistake negates the statutory type rather than culpability
Why
Moving intent into the type means a factual mistake excludes typicality outright rather than excusing an established wrong. Conflating type with conduct forgets physical agency remains, while mistaking it for justification treats the act as legally authorised.
Practise The Architecture of the Offence
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The Architecture of the Offence
- Arrange the questions of the theory of the offence in the order they are asked.
- Why does the theory of the offence insist on asking its questions in a fixed order rather than assessing…
- A finding that conduct matches a statutory description does not by itself establish that the conduct is…
- Complete the architecture of the offence.
- In what year was the criminal liability of legal persons introduced into Spanish law by organic law?
- Which are true of the criminal liability of legal persons in Spain?
- Arrange these developments in the theory of the offence in chronological order.
- A person who acts under irresistible physical force performs conduct that is typical but justified.
- Match each concept to what it names.