Mens rea (Latin: "guilty mind") is the mental element that the prosecution must prove, together with the prohibited conduct (actus reus), before a person can be convicted of most criminal offences. The principle is captured in the maxim actus non facit reum nisi mens sit rea: an act does not make a person guilty unless the mind is also guilty.
Levels of Fault
Criminal laws recognise several degrees of mental fault. Intention is the most culpable: the defendant aimed to bring about the result, or knew it to be a virtually certain consequence. Knowledge concerns awareness of a circumstance. Recklessness means consciously taking an unjustified risk. Negligence means falling below the standard of a reasonable person without necessarily appreciating the risk.
In Indonesian Criminal Law
Indonesian doctrine speaks of fault (kesalahan) in two principal forms: intent (kesengajaan or dolus) and negligence (kealpaan or culpa). Intent is commonly divided into intent as purpose, intent with awareness of certainty, and intent with awareness of possibility (dolus eventualis). The principle that there is no punishment without fault (geen straf zonder schuld) is fundamental.
Strict Liability
Some regulatory offences, such as certain environmental, food safety and traffic offences, impose liability without proof of fault in relation to one or more elements. These are justified by the need to protect the public and to encourage high standards of care.