Direct intent

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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.