Definition and basic principle of intent In the legal context, intent refers to the conscious and deliberate bringing about of a certain result with knowledge of all relevant circumstances. In principle, intent requires both a knowledge and a volitional element: the person acting must know the actual circumstances (cognitive element) and at least accept the bringing about of the result (volitional element). Intent is therefore of central importance in both criminal law and civil law, although the exact legal form and the associated consequences vary depending on the area of law.

Intent in criminal law (Section 15 StGB) In criminal law, intent is generally a prerequisite for the criminal liability of an act in accordance with Section 15 of the German Criminal Code (StGB), unless the law also expressly criminalizes negligent forms of commission. Intentional acts presuppose that the perpetrator consciously and deliberately brings about the result that constitutes the offense. In criminal law, a distinction is made between various forms of intent, which differ in terms of their knowledge and will element. This differentiation is of great importance for the sentencing and assessment of the offender’s guilt.

Forms of intent in criminal law In the context of criminal law, there are three main forms of intent:

• Intent (dolus directus 1st degree): Here, the focus is on the element of will; the perpetrator acts with the purposeful intention of bringing about the result that constitutes the offense. Intent is the strongest form of intent and involves a particularly high degree of culpability.
• Direct intent (dolus directus 2nd degree): The perpetrator knows for certain that his actions will bring about the outcome, even if this is not his primary goal. The element of knowledge is paramount in this form of intent.
• Contingent intent (dolus eventualis): This form is present if the perpetrator considers the occurrence of the criminal offense to be possible and accepts it. It is important to distinguish this from deliberate negligence, where the perpetrator also considers the occurrence of the result to be possible but does not approve of it (“it won’t happen”). In the case of contingent intent, on the other hand, there is an inner approval or at least indifference to the occurrence of the outcome (“so what”).

Intent in civil law (Section 276 BGB) Intent is also of considerable importance in civil law, particularly in the area of contractual and non-contractual liability. According to Section 276 (1) BGB, the debtor is generally liable for intent and negligence. Intentional action in the civil law context means that the debtor deliberately causes the breach of duty or at least accepts it. The provision of Section 276 (3) BGB is of particular importance here, according to which an exemption from intentional liability in advance is generally ineffective in order to protect the creditor from gross breaches of duty.

Intent in the case of rescission pursuant to Section 123 BGB Intent also plays a role in cases of rescission, such as fraudulent misrepresentation pursuant to Section 123 BGB. Fraudulent conduct requires intent; the deceiving party must deliberately make false statements or conceal true circumstances in order to bring about a declaration of intent that the declaring party would not have made or would not have made in this form if they had known the true facts. In such cases, the existence of intent enables the deceived contractual partner to contest the contract and cancel it retroactively (ex tunc).

Common characteristics of intent in the different areas of law Regardless of the area of law in question, the core of intent remains identical: the prerequisite is always knowledge of the relevant circumstances and the conscious and at least approving acceptance of the outcome. This common basis makes intent a fundamental concept in the legal system and serves to distinguish it from negligence, which is judged less strictly in legal terms. Careful examination of the form of intent is therefore crucial both for establishing criminal liability and for liability issues in civil law.

Legal and practical significance of intent Overall, intent is a central concept for assessing behavior in various areas of law. It is decisive for classifying the severity of an act and its legal consequences. Intent always requires a subjective consideration of the individual knowledge and intent of the person acting and therefore has a significant influence on both criminal guilt and civil liability issues. Due to these far-reaching consequences, the exact determination and delimitation of intent is of great importance in practice and is regularly the subject of legal disputes.