In legal terms, what does 'actus reus' refer to?

'Actus reus' is a fundamental concept in criminal law that refers specifically to the physical act of committing a crime. It embodies the action or conduct that constitutes a criminal offense, distinguishing it from the mental state or intent associated with the crime, which is termed 'mens rea.' Therefore, when evaluating a crime, understanding the actus reus is essential as it represents the tangible behavior that violates legal statutes.

This concept involves not just actions taken, but also omissions or failures to act when there is a legal duty to do so. For example, if a person is charged with theft, the actus reus would be the actual taking of someone else's property. Thus, the correct understanding of actus reus is crucial for establishing liability in criminal proceedings.