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Forms of intent
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phoenix
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2003.01.07 08:40
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The new Penal Code of Estonia was passed on 6 June 2001 and entered into force on 1 September 2002. As one of its authors admits, that code is in fact an improved copy of German Criminal Code. Article 16 provides:
§ 16. Intent
(1) Intent is deliberate intent, direct intent or indirect intent.
(2) A person is deemed to have committed an act with deliberate intent if the aim of the person is to create circumstances which belong to the necessary elements of an offence and is aware that such circumstances occur or if he or she at least foresees the occurrence of such circumstances. A person is also deemed to have committed an act with deliberate intent if the person assumes that the circumstances which constitute the necessary elements of an offence are an essential prerequisite for the achievement of the aim.
(3) A person is deemed to have committed an act with direct intent if the person knowingly creates circumstances which belong to the necessary elements of an offence and wants or at least tacitly accepts the creation of the circumstances.
(4) A person is deemed to have committed an act with indirect intent if the person foresees the occurrence of circumstances which constitute the necessary elements of an offence and tacitly accepts that such circumstance may occur.
Somebody should be acknowledged with the German Criminal Code. So, he or maybe other could clarify the forms of intent, as they are not clear for me.
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