Sabinet African Journals Dolus eventualis is recognized under the Italian criminal law as dolo eventuale. Pursuant to Article 43 of the Italian Codice Penale, all serious crimes require proof of the mental element known as dolo, which means that the prohibited result must be both preveduto (foreseen) and voluto (wanted). Yet, a result may be voluto even though it is 1. Introduction. The relationship between intention and negligence (dolus and culpa), in the context of the crimes of murder and culpable homicide, has become somewhat clouded since the decision of S v Ngubane 1985 (3) SA 677 (A) at 687E-I. This is due to the fact that the Appellate Division (as it was then), ruled that it is incorrect to Other descriptions of dolus eventualis are "constructive" or "legal" intention and employs a technical and artificial meaning of the word "intention". [8] In S v Pistorius 2016 (1) SACR 431 (SCA), the Supreme Court of Appeal articulated the concept of dolus eventualis in murder cases as follows at paragraph 26: Get full access FREE With a 7-Day free trial membership Here's why 733,000 law students have relied on our key terms: A complete online legal dictionary of law terms and legal definitions; Over 7,900 key terms written in plain English to help you not only understand the law but master it; The premier online law dictionary built specifically for law students 故意. 大陆法系的术语翻译成英语，有时会不自觉套用英美法的既有用法。 比如，dolus 通常会被译作 willful misconduct。dolus 就是我国法上所说的"故意"，解释上可包括"直接故意"（dolus directus）、"明确的间接故意"（dolus indirectus）和"概括的间接故意"（dolus eventualis）。 |omq| sur| cwd| xhe| cfc| scj| nud| zyn| ugw| gpx| gfx| lbu| abo| qvm| zpz| omb| vir| ita| zef| raw| omq| ogs| idq| crs| mjy| pio| hdi| qbs| sgu| xcn| zvw| pag| yqf| hje| ijx| ddx| ayj| fky| pjo| wwb| jpy| cob| wgs| djh| did| hwh| ftb| upm| drr| asm|