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Although in German and in Spanish legal systems there are no express provisions with regard to the criminal negligence (culpa), this has not hindered the legal doctrine and jurisprudence to thoroughly analyse this form of guilt. This made it possible to qualify as intentional offences some deeds which in our legal system are considered to be committed with conscious negligence (involving foresight). The difficulty to distinguish between indirect intention (dolus eventualis) and conscious negligence (luxuria) has nonetheless determined Spanish courts to ask the legislator to provide a clear definition of indirect intention, which could be an additional argument with respect to the weaknesses entailed by such a legal approach. [ABSTRACT FROM AUTHOR]

In art. 16 paragraph (2) and (4), the new Romanian Criminal code provides „(2) Guilt exists when an action is committed with direct intent, with basic intent or oblique intent.” and „(4) An action is committed with basic intent when the perpetrator: a) can foresee the outcome of their actions but does not accept it, believing without reason that such outcome will not occur; b) cannot foresee the outcome of their actions, though they should and could have done so.” In art. 16 paragraph (6), the Criminal code provides „(6) The act consisting of an action or inaction shall constitute an offense when committed with direct intent. The act committed with basic intent constituted an offense only when the law specifically establishes it as such.” How to find out, the new romanian Criminal code regulates exlicitly the basic intent with foresight and the basic intent whidout forsight. The Criminal code does not regulate other approaches of basic intent, which are analyzed in doctrine. However, these are reference points to be taken into consideration when the judiciaries analyze the criminal guilt whenever an offence has been committed under the criminal law. [ABSTRACT FROM AUTHOR]

The author examines broadly the problem of tentative in case of complex offence with an exceeded intention, analyzing different thesis that exist in doctrine and case-law. In the end, the author agrees with the idea that in this hypothesis should be applied the rational solution of breaking the complex offence and treat independently the component offences. [ABSTRACT FROM AUTHOR]