Legal Definitions - actus proximus

Actus proximus refers to the direct and immediate action that constitutes the final step in committing a crime or bringing about a specific legal consequence. It is the act that is closest in time and causation to the intended outcome, distinguishing it from earlier, preparatory steps.

In legal contexts, particularly concerning criminal attempts, identifying the actus proximus is crucial because it marks the point at which a person's actions have gone beyond mere planning or preparation and have become sufficiently advanced to be considered an attempt to commit the crime.

• Example 1: Attempted Theft

  Imagine a person who intends to steal a valuable painting from an art gallery. Their preparatory acts might include researching the gallery's security system, acquiring tools to bypass an alarm, and waiting for a specific time when the gallery is less crowded. The actus proximus would be the moment they actually reach out, cut the painting from its frame, and begin to remove it. This is the immediate act of taking possession, directly leading to the completion of the theft, as opposed to merely preparing to do so.

• Example 2: Attempted Arson

  Consider an individual who plans to burn down an old, abandoned warehouse. Their preparatory actions could involve purchasing several gallons of gasoline, acquiring a box of matches, and scouting the building for the easiest entry point. The actus proximus would occur when they pour the gasoline inside the warehouse and then strike a match, intending to ignite the fuel. This is the direct, immediate action that would cause the fire, moving beyond mere planning or gathering materials.

• Example 3: Attempted Assault

  Suppose a person is angry with a neighbor and intends to physically harm them. Their preparatory steps might include clenching their fists, verbally threatening the neighbor, and moving aggressively towards them. The actus proximus would be the actual throwing of a punch or the direct physical contact intended to cause injury. This immediate physical action is what directly constitutes the assault, distinguishing it from earlier threats or menacing gestures.