Objective aspect of a criminal offence

The objective aspect is one of the fundamental elements of a criminal offence. Together with the subjective aspect, the subject, and the object, it constitutes the so-called factual basis, which essentially determines and distinguishes between different types of criminal offences.

The objective aspect characterizes the manner in which a criminal offence is committed and its consequences. Specifically, it consists of 1. the act, 2. the consequence, and 3. the causal relationship between the act and the consequence. Additional characteristics may include, for example, the place of the offence, the time of the offence, and others.

The Act

The act represents the manifestation of will in the external world, whether it involves an action (e.g., theft) or an omission (e.g., failing to report a crime). However, to constitute an act in a criminal law sense, it must be voluntary, i.e., conscious and intentional. Thus, it does not include, for example, movement in a state of unconsciousness, sleep-talking, or movement induced by physical force, among others.

An act in the sense of criminal law is also not considered if there is no manifestation of will. Therefore, mere thoughts cannot be considered an act, nor can an unexpressed will (desire) without an act aimed at its realization.

On the other hand, necessary defense, necessity, or a binding order do not exclude an act. Even if a person is compelled to act by circumstances or acts under the influence of an order, they still manifest their will. However, in such cases, criminal liability may be excluded based on the act of necessity, self-defense, or other circumstances excluding unlawfulness.

The Consequence

The consequence is the harmful result of the perpetrator's act that affects the protected interests of society (such as life, health, property, and others). The consequence may be a disturbance, meaning there must be a disturbance to the protected interest (e.g., bodily harm, damage to property), or a threat, where the mere "state of threat" to the protected interest is sufficient to complete the criminal offence (e.g., threats of death, endangerment of property).

Causal Relationship Between the Act and the Consequence

There must be a causal nexus between the perpetrator's act and the consequence, i.e., a causal connection. This means that the consequence would not have occurred but for the perpetrator's act. The perpetrator can only be criminally liable if their act caused the consequence.

For example, if the perpetrator injures a person and the person dies as a result of that injury, there is a clear causal relationship. Conversely, if the perpetrator injures a person, but the person dies due to a serious illness, not the injury, the perpetrator will only be criminally liable for an attempt or a less serious criminal offence, as there is no causal relationship between the perpetrator's act and the victim's death.