Uppsåtets

Uppsåtets is a Swedish legal term that translates to "intent" or "mens rea" in English legal contexts. It refers to the mental state of a person when committing a crime. Specifically, it denotes the awareness and volition to perform the act that constitutes the offense. Swedish criminal law distinguishes between different levels of uppsåtets, which can affect the severity of the punishment.

The primary forms of uppsåtets recognized are direct intent (direkt uppsåt) and conditional intent (eventuellt uppsåt). Direct intent means the perpetrator had a clear and conscious purpose to achieve the criminal outcome. They desired the result and acted to bring it about. Conditional intent, on the other hand, involves a situation where the perpetrator foresaw the possibility that their actions might lead to a certain result, but proceeded with their actions regardless, accepting that outcome as a potential consequence. This is sometimes referred to as "dolus eventualis."

In some cases, negligence (oaktsamhet) can also lead to criminal liability, but it is distinct from uppsåtets. Negligence involves a failure to exercise the care expected of a reasonable person, leading to an unintended criminal outcome. The presence and degree of uppsåtets are crucial factors in determining guilt and sentencing in Swedish criminal proceedings.