Vorsätzliches

Vorsätzliches is a German legal term that translates to "intentional" or "willful" in English. It describes a mental state where an individual consciously and deliberately acts with the knowledge that their actions will likely lead to a particular outcome. This is a key concept in criminal law, distinguishing between actions that are accidental or negligent and those that are planned and purposeful.

In legal proceedings, establishing vorsätzliches behavior is crucial for determining criminal responsibility and the severity of a sentence. For an act to be considered vorsätzlich, the perpetrator must have had both the intention to perform the physical act (the "actus reus") and the intention to achieve the resulting harm or offense (the "mens rea"). This implies a conscious decision-making process and a desire for the outcome, or at least an acceptance of its inevitability.

There are different degrees of intention recognized in German law. "Absicht" (intent) implies a direct aim to achieve the result. "Direkter Vorsatz" (direct intent) is similar, where the outcome is the primary goal. "Eventualvorsatz" (oblique intent or recklessness) exists when the perpetrator does not directly aim for the outcome but foresees it as a possible consequence of their actions and accepts that risk. The presence and degree of vorsätzliches are determined by examining the evidence and circumstances surrounding the offense.