What is Indirect Intentional Fault?

Legal Secretary would like to address your inquiry as follows:

The criminal actions of an offender can be categorized into two types: intentional crimes and unintentional crimes. Intentional crimes can be further divided into direct intentional crimes and indirect intentional crimes. So, what is an indirect intentional crime?

According to Clause 2, Article 9 of the Criminal Code 1999, an indirect intentional crime is when the offender is aware that his/her behavior is dangerous to society, foresees the consequences of such behavior, does not wish for those consequences to occur but consciously allows the consequences to happen.

Typically, we often confuse indirect intentional errors with unintentional errors due to overconfidence as they are quite similar. However, these two types of errors have distinctly clear differences.

- For indirect intentional errors, the offender is aware of the dangerous behavior and its consequences for society. Even though they do not wish for those consequences, they consciously allow them to occur.

Example:

A has long hated B. During a joint sightseeing trip, B is bitten by a poisonous snake. Although A sees this and knows the snake is very dangerous, he still leaves B alone, resulting in B’s death. In this case, B being bitten by a snake was not A's intention, and thus A has an indirect intentional error.

- For unintentional errors due to overconfidence, the offender sees his/her behavior as dangerous to society but believes that it will not happen or can be prevented.

Example:

X is a nuclear scientist. Although aware that his experiment is dangerous and could cause a large-scale explosion, X believes he can control it or can rectify any mishap. However, the explosion still occurs causing serious consequences.

Indirect intentional errors are only recognized in criminal law. Additionally, in administrative law, violations only include intentional errors and unintentional errors without considering indirect, inadvertent, or negligent factors.

Related Documents:

Official Dispatch 81/2002/TANDTC of the Supreme People's Court in 2002

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