Intentionality is a psychological concept, which refers to the psychological attitude of the actor to consciously and purposefully implement a certain behavior. When the perpetrator's intention is manifested as an act that harms society and its consequences, it becomes criminal intention. Article 14 of China's current criminal law stipulates: "It is a deliberate crime to know that one's actions will have harmful consequences to society and hope or let such consequences happen." It can be seen that the so-called criminal intent refers to the psychological attitude of the actor who knows that his behavior will produce harmful results to society and hopes or lets such results happen. Deliberate crime consists of two factors: first, "knowing" is a cognitive factor, that is, the actor has realized the nature of his behavior and the consequences that will harm society; The second is the will factor of "hope or laissez-faire", and the actor deliberately causes harmful results to society. The establishment of criminal intent must have both cognitive factors and will factors, and it is impossible to be criminal intent without either of them.
The difference between direct intention and indirect intention
In criminal law theory, according to the will factor of criminal intent, criminal intent can be divided into direct intent and indirect intent. The so-called direct intention refers to the psychological attitude of the actor who knows that his behavior will produce harmful results to society and hopes that such results will occur. Direct intent is the main form of criminal intent. The establishment of direct intention requires two conditions: one is the cognitive factor, that is, the actor foresees that his behavior will produce harmful results to society, which is the premise; The second is the will factor, that is, the actor wants the harmful result to happen, which is the core. Specifically, the sign of direct intention is the will form of hope, that is, the actor actively pursues the consequences that have been identified as harmful to society. Hope is the only criterion to distinguish direct intention from indirect intention. In psychology, hope is the will directly produced by people's needs, and it is the decisive will to dominate people's behavior and pursue a certain purpose. Direct and intentional hope has the following characteristics; First, the purpose is clear. The actor transforms the idea of endangering social results into his own subjective purpose, and the behavior that dominates himself directly points to the determined infringement target; Second, a positive attitude. The actor carries out certain behaviors that endanger society, actively realizes the purpose of crime, and pursues the occurrence of harmful results. Objectively, the actor can implement positive actions or negative inaction; Third, the will is firm. Actors often plan crimes, prepare various conditions, overcome unfavorable factors, strive to achieve the purpose of crimes, and pursue the occurrence of harmful results. Lawyer letter
Indirect intention is the symmetry of direct intention, also known as laissez-faire intention, which refers to the psychological attitude of the actor who knows that his behavior will produce harmful results to society and let such results happen. Indirect intention is a form of criminal intention, and its establishment requires two conditions. One is cognition, that is, the actor realizes that his behavior will have harmful consequences to society; The second is laissez-faire, that is, the actor deliberately lets the harmful results happen. This kind of indirect intentional laissez-faire will has the following specific characteristics: First, it does not pursue the occurrence of other harmful results. The actor directly pursues one result according to his actual needs, and does not pursue other results. Second, do not prevent other harmful results from happening. The actor knows that his behavior may have harmful consequences, but he does not take active measures to avoid harmful consequences. Third, consciously lead to the occurrence of other harmful results. The actor pursues the direct result of the behavior and is willing to bear the risk of causing other harmful results. It can be seen that the subjective laissez-faire attitude of the actor is still the intentional will of the crime. As far as the establishment of indirect intention is concerned, cognition is the premise and laissez-faire is the core, and both are indispensable.
2。 Not on purpose. Should bear civil liability. Fair responsibility, original responsibility