What is an intentional crime?

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When talking about intentional crimes , we refer to those in which the subject acts consciously and voluntarily to commit the acts that constitute a crime. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US There are only two ways to commit a crime: with intent and with recklessness. Therefore, it is essential to determine which of these two subjective elements occurs in its realization, for two reasons: Because not all crimes admit their commission due to recklessness, but only those in which this modality is expressly provided for. Because the penalty for an intentional crime and that of a reckless crime will be different. The penalty will always be higher for the intentional act. Willful or reckless actions and omissions punishable by law are crimes. Article 10 of the Penal Code Reckless actions or omissions will only be punished when expressly provided by law.

Article 12 of the Penal Code When is a crime considered intentional? The Penal Code does not specify what is meant by fraud. But we can go to the RAE, which gives different meanings of the word fraud, the following being applicable to criminal law: “Deliberate will to commit a crime knowing its illegality.” Therefore, two aspects or elements occur in the intentional crime: The voluntariness of the subject when acting, the subject wants DM Databases to do that act (not necessarily its result). It is the so-called volitional element. The knowledge of the subject regarding his own action, the author knows that he endangers a legal good through legally disapproved conduct. This is the cognitive element. However, it is important to clarify that although the RAE speaks of acting knowingly of the illegality of the act, the doctrine mostly considers that it is not necessary for the subject to know that it is an act classified as a crime. All you need to do is act deliberately.



What types of fraud exist? When committing an intentional crime, one can act with direct intent or eventual intent. direct fraud There is direct fraud when it is known that by acting, a certain result will occur, whether that is the main objective or a necessary consequence for another main objective. Therefore, it is differentiated between: Direct intent of the first degree: which occurs when what is sought in acting is precisely the typical result of the crime. For example: when another person is killed with the very purpose of causing his death. Direct fraud of the second degree or indirect fraud : which occurs when the typical result is not directly pursued, but it is known that acting will produce said result and, in any case, the typical action is carried out. For example: when another person is killed to obtain an economic benefit (collect insurance, a widow's pension, etc.). Possible fraud Possible fraud exists in those cases in which the subject acts knowing that there is a certain probability that a result will occur, even if it is not what he seeks, although he acts anyway.