Direct intent
As a direct attachment (dolus directus 2nd degree) is in the criminal a form of event header respectively. It is differentiated from the form of improvement, the intention (dolus directus 1st degree), and the less demanding eventual intent .
Basically, the premeditation always consists of a knowledge element ( cognitive element) and an element of will ( voluntative element). In the case of direct intent, the element of knowledge is in the foreground: the perpetrator knows or considers it certain that his actions will lead to success in the sense of the offense . In doing so, he also includes those consequences in his will that are inherently undesirable to him. After all, he knows that these consequences will occur.
In the StGB , the direct intent is also referred to as knowing, but not legally defined , but assumed in Section 15 StGB.
The element of knowledge that is decisive for direct intent plays an important role , especially when assessing errors . If the perpetrator lacks certain knowledge when committing the crime , this can under certain circumstances omit the intent altogether and thus lead to impunity.
literature
- Uwe Murmann : Basic course in criminal law. Beck Verlag, Munich, 2011, ISBN 978-3-406-61586-3 .
- Claus Roxin : Criminal Law. General part. (Part 1). 3. Edition. Beck Verlag, Munich 1997, ISBN 3-406-42507-0 , p. 371 f.
- Johannes Wessels , Werner Beulke : Criminal law general part. CF Müller Verlag, Heidelberg, 41st edition, ISBN 978-3-8114-9822-8 .
