Animus nocendi
In
In most modern legal systems, the animus nocendi is required as an essential condition to give a penal condemnation.
The animus nocendi is usually demonstrated by the verified presence of these elements:
- knowledge of a law that prohibited the discussed action or conduct (unless there exists a systemic obligation, pending on every citizen, that considers that the law has to be known by every adult — in this case the knowledge is presumed a priori; see also Ignorantia juris non excusat);
- knowledge of the most likely consequences of his action;
- precise intention of breaking the law or of causing the verified effects of the action.
When the author of the crime had no animus nocendi, it is usually considered that the crime still exists, but the author is innocent, unless a responsibility for guilt can be found in his conduct: the typical case of a car accident in which a wrong or even hazardous manoeuvre causes personal injuries to another car driver, is then managed as a crime for the presence of injuries, yet the author will not be prosecuted as the author of the injuries (he did not want to hurt the other driver, thus he had no animus nocendi), but simply as the author of a dangerous conduct that indirectly caused said effects, and would be held responsible at a guilt title.
The animus nocendi is often absent in people with
A particular case of animus nocendi is the voluntas necandi (from
See also
References
- ISBN 978-0-19-536938-0.
- JSTOR 29737288.