Begehensabsicht

Begehensabsicht, also known as the intent to commit an offense, is a crucial concept in criminal law. It refers to the mental state of a person when they decide to engage in conduct that is prohibited by law. For a person to be held criminally liable for an offense, they must have the intent to commit that offense. This intent can be direct, meaning the person intends to commit the specific act, or indirect, meaning the person intends to achieve a result that is likely to cause the prohibited act.

The intent to commit an offense can be inferred from the person's actions, words, or conduct. For example, if a person points a gun at another person with the intent to cause harm, it can be inferred that they have the intent to commit an offense. Similarly, if a person makes a statement that is known to be false and is made with the intent to deceive, it can be inferred that they have the intent to commit an offense.

In some cases, the intent to commit an offense can be inferred from the person's state of mind. For example, if a person is aware that their actions are likely to cause harm to another person, and they are willing to accept that consequence, it can be inferred that they have the intent to commit an offense. This is known as the "mens rea" or guilty mind requirement in criminal law.

The concept of Begehensabsicht is important because it helps to distinguish between criminal liability and civil liability. While civil liability can be established based on negligence or other forms of responsibility, criminal liability requires the intent to commit an offense. Therefore, the concept of Begehensabsicht helps to ensure that only those who have a guilty mind are held criminally liable for their actions.

In some jurisdictions, the concept of Begehensabsicht can be further refined to include the concept of "specific intent" and "general intent". Specific intent refers to the intent to commit a specific act, while general intent refers to the intent to achieve a result that is likely to cause the prohibited act. This distinction can be important in determining the appropriate punishment for a criminal offense.