Practice question · Multiple choice
Spanish finalist doctrine places intent within the subjective side of the type rather than culpability. What follows from this systematic relocation for how mistake of type operates?
Hints
- Where does knowledge sit if intent is part of the type itself?
- What happens to the intentional offence when one of its constitutive elements cannot be formed?
Show the answer
B. It excludes the intentional type entirely because knowledge is missing.
Why
Because intent belongs to the statutory type, missing factual knowledge negates the intentional offence itself rather than merely mitigating culpability. Downward degree adjustments belong strictly to prohibition mistakes.
Practise The Subjective Side: Intent and Mistake
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