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date: 30 September 2020

Abstract and Keywords

This chapter discusses subjective elements of criminal liability. It begins by sketching the requirement of a mental element or mens rea in attributing criminal liability. Attention then turns to the distinction between intentional and non-intentional offending, with emphasis on knowledge and will as elements of intention. The chapter focuses on knowledge and intent as modes of intention, touching on topics such as recklessness and dolus eventualis, and the importance of the timing and object of intention in establishing liability. It also considers proof of the mental element, types of negligence, and prerequisites of liability for criminal negligence.

Keywords: criminal liability, criminal law, mens rea, punishment, offending, intention, intent, recklessness, dolus eventualis, negligence

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