Comments on Jeroen Blomsma’s Case for Recklessness

author Thomas Weigend
journal Substantive Criminal Law of the European Union (ISSN: )
volume 2011
issue Substantive Criminal Law of the European Union
section Artikelen
publicatie datum 19 juin 2012
langue English
pagina 161
abstract

Jeroen Blomsma has presented an impressive argument in favour of a three-tiered system concerning the mental element. Although I agree with most of his concept I see my role as an advocatus diaboli and therefore concentrate on issues that may give rise to questions and doubt. At the end of my remarks, I will raise a few general issues about the role and the purpose of mens rea1 in assessing criminal conduct.