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Subjective Elements

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Chapter Summary

.In any event, as it has been rightly pointed out, the general subjective element of a crime is far more vague and difficult to prove than the objective elements because it consists of a state of mind that can be deduced but not observed. In the author's view, the general subjective element provided for in art. 30 RS also includes the so-called dolus eventualis which usually requires the perpetrator: (i) to be aware that his conduct will likely bring about the forbidden result and (ii) to accept or be reconciled with the occurrence of such a forbidden result. Special attention is warranted in this context to the general subjective element provided for in art. 28 RS in relation to military commanders' breach of duties to prevent and punish subordinates for the commission of war crimes, including unlawful attacks.

Keywords: forbidden result; perpetrator; subjective elements



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