Subjective aspect of a criminal offence

The subjective aspect of a criminal offence is one of the key elements in the defense. Therefore, it is essential to pay special attention to it.

This concept is derived from theory and is not defined by the criminal code or other legal regulations. Simplified, it can be characterized as a set of features that describe the psychological and character aspects of the perpetrator, or generally the perpetrator's awareness in relation to the committed criminal offence.

The subjective aspect may consist of several features. The only one that must always be present and which is defined in the criminal code (unlike the subjective aspect itself) is the fault.

Fault

Fault represents the internal psychological relationship of the perpetrator to the committed criminal offence. It consists of an intellectual component (knowledge), i.e., whether the perpetrator was capable of understanding the consequences leading to the commission of the offence, and a volitional component (will), i.e., whether the perpetrator wanted or was at least aware of the consequences of their actions.

In relation to how these components are present, fault is categorized into intent and negligence. 

Intent

A criminal offence may be committed with intent if:

• The perpetrator wanted to violate or endanger the interest protected by the criminal code with their actions. This is referred to as direct intent.

  Example: The perpetrator assaulted a woman on the street and, under the threat of bodily harm, snatched her handbag with the intention of taking money and valuables. The perpetrator acted with direct intent.

• The perpetrator did not want to directly violate or endanger the interest protected by the criminal code but knew that their actions could do so and was aware of this. In this case, it is referred to as indirect intent.

  Example: The perpetrator is fleeing from a police patrol in a car. To deter police vehicles from further pursuit, they drive into a pedestrian zone where many people are present, hoping that the police will not want to endanger these pedestrians. However, the perpetrator is aware and "anticipates" that they might hit several people and cause serious injury or death.

If the criminal code does not specify anything about intent or negligence for a particular offence, the factual basis of such an offence can only be fulfilled if the offence was committed with intent.

Negligence

A criminal offence may be committed through negligence if:

• The perpetrator knew that their actions could violate or endanger the interest protected by the criminal code but relied without reasonable grounds that such violation or endangerment would not occur. This is referred to as conscious negligence.

  Example: A woman takes a prescription medication and has been advised by her doctor not to drive for 6 hours after taking the medication due to its hypnotic effects. Nevertheless, she decided to drive from Prague to Ostrava 3 hours after taking the medication, hoping that this would be sufficient for the effects to wear off. However, she fell asleep while driving and caused a fatal traffic accident. The woman was not aware that she could cause an accident, and her intention was to reach Ostrava. However, she unreasonably relied on the fact that the hypnotic effects of the medication would not occur.

• The perpetrator did not know that their actions could cause such a violation or endangerment, although they should have known given the circumstances and their personal conditions. This is referred to as unconscious negligence.

  Example: A hunter is participating in a hunt with reduced visibility. Believing that he could successfully hit game, he fires and unfortunately fatally injures another hunter. Before shooting, he saw a dog that was sitting calmly, not sneaking or pursuing any animals. The shooting hunter, given his professional knowledge and experience, should have anticipated that there might be a person nearby walking a dog who could be hit by the shot.

A criminal offence can be committed through negligence only if the criminal code allows for it. Either the factual basis of the offence itself involves negligence (e.g., manslaughter through negligence) or the criminal code extends criminal liability to both intent and negligent actions (e.g., unauthorized handling of personal data).

For negligent offences, preparation and attempt stages are not considered, as they cannot occur due to the nature of negligence, which results from insufficient caution.

A specific case is gross negligence, which occurs when the perpetrator's approach to the requirement of proper caution shows evident disregard for the interests protected by the criminal code. It is a more severe form of conscious negligence and typically arises in cases where the perpetrator is expected to act with particular care.

Gross negligence is punishable in certain specific offences, such as unauthorized interference with a computer system or information carrier through negligence or damage and endangerment of the operation of a public utility facility through negligence.

Additional Features of the Subjective Aspect

Motive - The reason why the perpetrator committed the offence. Sometimes the motive can automatically form the basis of a more qualified (serious) factual basis, such as murder with a particularly reprehensible motive, or a less serious factual basis, such as bodily harm from an excusable motive.

Outside of these specific cases, the motive will be decisive for determining the severity of the punishment, or whether to impose an exceptional sentence if the offence allows it.

Objective - The perpetrator's incentive leading to the commission of the offence. It may be an integral part of some factual bases of criminal offences, e.g., espionage ("Anyone who seeks information classified under another legal regulation...with the objective of disclosing it to a foreign power").

Alternatively, the objective may also determine whether the offence is a continuing crime or not, or be considered when determining the type and extent of the sentence.

Fault must include all features characterizing the objective aspect of the criminal offence.

Thus, it encompasses not only the perpetrator's act but also the possible consequence of the criminal offence and the causal relationship between them.

Breaking down all the necessary features for concluding that a criminal offence has been committed is crucial for successfully conducting a defense. It can be decisive for the outcome of the entire criminal proceedings.