Legal Literacy - In criminal law there is a principle known as "No punishment if there is no fault" or in German it reads "Green straf zonder schuld"; or "Keine straf ohne schuld" so what does it mean?
The Meaning of Green straf zonder schuld (No fault in criminal law)
"Green straf zonder schuld" is a phrase in Dutch that means "no punishment without fault." Its meaning is that a person cannot be punished if they have not committed a fault or intentional violation of the law. This principle protects human rights and guarantees that everyone will not be punished arbitrarily or unfairly.
Actus non facit reum, nisi mens sit rea (An act does not make a person guilty unless the mind is also guilty)
"Actus non facit reum, nisi mens sit rea" is a Latin phrase that means "an act does not make a person guilty unless the mind is also guilty." Its meaning is that a person can only be considered guilty if they commit an act that is intentional or deliberately violates the law. This phrase underscores the importance of the element of fault or intent in determining whether a person is guilty of the actions they have taken. This principle is very important in health to modern criminal law and is applied in many countries around the world.
We do not find this principle in the Criminal Code as we do with the principle of legality, nor is it in the legislation. This principle is an unwritten principle that exists in health in the public's perception and whose validity is no less absolute than the principles written in the legislation.
Example of No Punishment If There Is No Fault
For example, when a person commits an act that they do not know, and could not possibly know, is a criminal act, and then that person is convicted, it will inevitably cause pain and injure the sense of justice.
Ideally, in such cases, the offender should be given a warning first. This has been done by existing state apparatuses, for example, by the Traffic Police (Polantas), where when new traffic rules are introduced, and many people are unlikely to know them in advance, violators of these rules are only given warnings about their mistakes without making a note of the violation in the relevant SIM (Driving License).
Criminal Code Regulations Regarding Non-Punishment of People Who Have Committed Criminal Acts
In the Criminal Code itself, there are several rules regarding the non-criminal liability of people who have committed criminal acts, for example, Article 44 (regarding people who are not capable of being held responsible), Article 48 regarding people who commit criminal acts due to coercion (overmacht). Article 44 of the Criminal Code states that people whose souls are defective or disturbed due to an illness cannot be held responsible for their criminal acts.
Meanwhile, Article 48 of the Criminal Code states that a person who commits a criminal act under duress is not subject to criminal penalties, for example, under duress because they receive threats from other parties or are forced to merely defend themselves from danger.
These are some manifestations of the principle: no crime if there is no fault. From the examples above, it turns out that to be sentenced to a crime, it is not enough for the defendant to only violate the prohibition, in addition, they must know, or at least be able to know, of the existence of the prohibition. Then they must also be a person who is capable of being held responsible according to criminal law. Also, they must commit the act without any internal pressure from outside (coercion).
Reading list
Moeljatno, Principles of Criminal Law, Rineka Cipta, Jakarta, 1993
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