Individual criminal responsibility

Definition. The principle under which a person is held criminally responsible for offences that can be personally attributed to them in accordance with the applicable rules of law.

Key points. Criminal responsibility requires the constituent elements of the offence to be established, together with the connection between the offence and the person being prosecuted. It does not arise solely from membership of a family, an administration, a social group or a territory.

A criminal investigation gathers evidence capable of establishing the facts and identifying those responsible. Prosecution brings that evidence before the courts. Guilt is determined by the competent court and must be established according to the applicable rules of evidence.

The criminal responsibility of the perpetrator of an offence must be distinguished from the institutional responsibility of public authorities. An administration may have duties of prevention, protection, investigation or prosecution without itself being the perpetrator of an offence committed by a private individual.

This distinction makes it possible to examine separately the conduct of the alleged perpetrator and the actions of the institutions responsible for preventing and responding to violence.

Related concepts. Femicide · Gender-based violence · Violence prevention