Animus nocendi
Encyclopedia
In jurisprudence
, animus nocendi (Latin
animus, "mind" + 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:
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
.
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, animus nocendi (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
animus, "mind" + gerund
Gerund
In linguistics* As applied to English, it refers to the usage of a verb as a noun ....
of noceo, "to harm") is the subjective state of mind of the author of a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, 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 lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
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
Guilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
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
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
, 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
Voluntas necandi
In jurisprudence, voluntas necandi describes the animus nocendi of a person who willfully kills another human being. Establishment of voluntas necandi is necessary to prove murder or voluntary manslaughter as opposed to involuntary manslaughter....
.