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Animus nocendi

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In jurisprudence, animus nocendi (Latin

animus, "mind" + genitive gerund of noceo,
"to harm") is the subjective state of mind
of the author of a crime, with reference to
the exact knowledge of illegal content of
his behaviour, and of its possible
consequences.

In most modern legal systems, the animus

nocendi is required as an essential
condition to give a penal condemnation.

The animus nocendi is usually

demonstrated by the verified presence of
these elements:

knowledge of a law that prohibited the

discussed action or conduct (unless
there exists a systemic obligation,
pending on every citizen, that considers
 that the law has to be known by every
adult — in this case the knowledge is
presumed a priori);
knowledge of the most likely
consequences of his action;
precise intention of breaking the law or
of causing the verified effects of the
action.

When the author of the crime had no

animus nocendi, it is usually considered
that the crime still exists, but the author is
innocent, unless a responsibility for guilt
can be found in his conduct: the typical
case of a car accident in which a wrong or
even hazardous manoeuvre causes
personal injuries to another car driver, is
then managed as a crime for the presence
of injuries, yet the author will not be
prosecuted as the author of the injuries
(he did not want to hurt the other driver,
thus he had no animus nocendi), but
simply as the author of a dangerous
conduct that indirectly caused said
effects, and would be held responsible at a
guilt title.
The animus nocendi is often absent in
people with mental illness, and in front of
such people, a psychiatric expertise is
usually required to verify the eventual
animus. Minors too are in many systems
considered little capable of a correct
knowledge about the meaning or the
consequences of their actions, and this is
the reason for the common reduction of
the passive capability of punishment they
usually can receive.

A particular case of animus nocendi is the

voluntas necandi.
See also
Mens rea

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Last edited 8 months ago by Steepleman

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