Topic > Essay on Bipartite System - 518

This major flaw is in the area of ​​defenses: the bipartite system fails to find a place within its structure for the different areas of defense, which fall under the division of excuses and justifications. All the different types of defense (e.g. self-defense, necessity, intoxication, insanity, duress) fall outside the narrowly defined bipartite structure of actus reus and mens rea. One of the typical characteristics of this system is its specific theory of error, which reduces the theory to factors that deny the required mens rea. An example here is that a mistake on an essential feature of the crime will defeat the intention. The two-party system can also be addressed within the framework of the so-called four-party system, which has largely been included in the literature on the criminal responsibility of communists