Understanding Guilt and Criminal Intent in Legal Theory

The Concept of Guilt in Criminal Law

In a broad sense, guilt is the set of assumptions that underlie the personal blameworthiness of illegal behavior.

Theories of Guilt

• Normativist Theory: Guilt is the reproach made to the perpetrator of a criminal offense, linking them through a psychological motivation. This theory considers the extent to which the perpetrator's behavior was known or knowable, and whether they could have been required to proceed in accordance with the rules.
• Psychological Theory: Guilt is conceptualized as the psychic mode of the perpetrator's behavior, grounding criminal responsibility from the perspective of their capacity, knowledge, and freedom of determination.

Dolo (Criminal Intent)

Dolo, as identified in Article 34, Section 1 of the Criminal Code (CP), refers to the perpetrator's deliberate will to commit a crime. This means acting maliciously with the intent to perform an act that is typically unlawful.

• Direct Intent: Occurs when the perpetrator directly desires the typical unlawful act. This means they intend for the specific criminal outcome to happen, and their conduct constitutes the intellectual content of malice, based on what they know.
• Indirect Intent: Applies in situations where the perpetrator does not directly desire the unlawful act itself, but knows that it is a necessary prerequisite or consequence of achieving their desired outcome. In other words, the perpetrator does not want the specific criminal act, but understands it is unavoidable for their goal.
• Eventually (Dolus Eventualis): Occurs when the perpetrator accepts and takes responsibility for an outcome known to be a probable consequence of their actions. This differs from indirect intent because, in indirect intent, the wrongful act is a necessary relation to what the perpetrator wants, whereas in dolus eventualis, it is only a probable relation. The perpetrator accepts the risk of the probable occurrence.

Error in Criminal Law

Error is a false notion about something.

• Essential Error: Occurs when it pertains to the constituent elements of the offense or an aggravating factor.
• Accidental Error: Occurs when it relates to circumstances surrounding the act but without altering its essence or legal qualification.

Felony: Unintended Consequences

Felony refers to situations where the perpetrator pursues a specific purpose with their actions, but their activity produces an unintended result that goes beyond that initial aim.

Example: A person attacks another with the intent to cause bodily harm, but unintentionally causes death (manslaughter).