Intent

Intent According to § 5 StGB is one of the most important elements in criminal law. It describes a person’s inner attitude towards their actions. Simply put: Someone acts intentionally if they know what they are doing and also want or at least accept this result. Without intent, an action is generally not punishable unless the law expressly provides for negligence as punishable.

Principle: Criminal Liability and Intent

The following principle applies in criminal law: Most criminal offenses require intent.
Negligence is only punishable if the law expressly regulates this. This applies, for example, to negligent bodily harm or negligent homicide.

Practical Significance

In practice, intent is of decisive importance. The public prosecutor’s office must prove that the accused acted intentionally. If this proof is not successful and doubts remain, these will work in favor of the accused. The central role of intent is also evident in the attempt, because only intentional acts can be punishable at the attempt stage. In the case of negligence offenses, on the other hand, there is no attempt.

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Significance of Intent

From a legal point of view, intent consists of two elements:

• Knowledge: The person recognizes that their action fulfills a legal element of an offense.
• Will: The person wants to bring about this result or at least accepts it.

This makes it clear: Intent is more than mere carelessness. It is about a conscious yes to the act or its possible consequences.

Types of Intent

Austrian criminal law distinguishes between different gradations:

• Intention (dolus directus 1st degree): The perpetrator pursues a specific goal.
  Example: Someone deliberately wants to destroy someone else’s property.
• Knowledge (dolus directus 2nd degree): The perpetrator knows exactly that the success will occur, even if he does not necessarily strive for it.
  Example: An arsonist knows that people in the building will be injured.
• Conditional intent (dolus eventualis): The perpetrator considers the success possible and says to himself: “If it happens, then it is just like that.”
  Example: A driver speeds through a narrow street and accepts a possible injury to others.

Difference to Negligence

The distinction is fine, but crucial:

• Conscious negligence: The person recognizes the danger, but trusts that nothing will happen.
• Conditional intent: The person recognizes the danger and says to himself: “If something happens, I accept that.”

It is precisely this distinction that often decides on the amount of the penalty or even on guilt and acquittal in practice.

Sentence

Whether an act was committed intentionally or negligently has a direct impact on the sentence.

• Intentional acts usually carry higher penalties.
• In the case of negligent acts, penalties are often much milder – or there is no punishment at all.

It is therefore crucial for defendants whether the prosecution can prove intent.

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Special Constellations

• Result-qualified offenses: The basic offense requires intent, the serious consequence can also be brought about negligently.
• Attempt: The mere intention to commit an act can be punishable, even if it is not completed.
• Errors: Anyone who is mistaken about decisive circumstances may have acted without intent.

Your Benefits with Legal Assistance

A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.

Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.

Our law firm:

• examines whether and to what extent the accusation is legally sustainable,
• accompanies you through investigation proceedings and main hearing,
• ensures legally sound applications, statements, and procedural steps,
• assists in defending against or settling civil law claims,
• protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.

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