Intention (law)

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As intention (dolus directus grade 1) is in the criminal a form of event header respectively. It is differentiated at the intent level from direct intent (dolus directus 2nd degree) and contingent intent .

Basically, the premeditation always consists of a knowledge element ( cognitive element) and an element of will ( voluntative element). When it comes to intent , the element of will is in the foreground: what matters to the perpetrator is to bring about a success in terms of the offense . He acts with a purposeful will to succeed. It does not matter whether the perpetrator assumes that the success will certainly occur.

In the Criminal Code , the legal term intent is often replaced by a phrase with “in order to”, i. H. despite this meaning, it is not legally defined ; Examples: thwarting punishment - § 258 StGB: "Whoever intentionally ... prevents someone else from being punished in accordance with the criminal law ..." ; Murder - § 211 StGB: "A murderer is who ... to make another crime possible ... kills a person."

The intent as a form of intent must be distinguished from the special intentions mentioned in some provisions of the Criminal Code. The special intentions include the intent to assassinate in § 242 StGB ( theft ) and the intent to enrich in § 263 StGB ( fraud ). Here, too, it depends on the goal of the perpetrator when committing an act. The special intentions, however, are independent, subjective criteria that must be present regardless of the intent .

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