2 ms·
Generally it isn't illegal under any system based on common law. A necessary component a crime is mens rea, which is the intention or knowledge of the wrongful
by Canada 7y ago
Generally it isn't illegal under any system based on common law. A necessary component a crime is mens rea, which is the intention or knowledge of the wrongful act. The act alone, even if it is illegal doesn't constitute a crime.
By this principle it's not a crime for a delvery man to be in posession of contraband that he has no knowledge of. This isn't to be confused with not knowing something is illegal. That's no defense. It's about knowing or not knowing the consequences of your action.
That said there are lesser offences, misdemenors or summary offences, where mens rea is not required. They usually have fines
but also can have limited jail time. For example, you can be punished for speeding and whether you knew you were doing it or not is irrelevent.
What's unclear in this case is whether the developer knew or ought to have known there were secrets in the code, or that his push was to a public place. It's also unclear, at least to me, whether Chinese law requires mens rea.