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Doctrine

Preterintention

Criminal Law and Procedure Doctrine

Preterintention, also called preterintentionality, is a criminal law concept describing a case where a person intends to commit one crime but unintentionally ends up committing a more serious offense. The standard example is an unplanned killing that occurs in the course of an attempted robbery, where the killing was not the original intent but the greater harm still results from the underlying wrongful act. The doctrine combines an element of deliberate intent with an element of negligence, placing the offender's culpability between an ordinary intentional crime and a purely negligent one, which in turn affects how severely the offense is sentenced. Though the concept traces back to Roman law and medieval legal traditions, the term itself is now obsolete in English-language law. It survives in the criminal codes of a number of civil law jurisdictions, including Belgium, Brazil, Ecuador, France, Germany, Italy, and Spain, each of which codifies and applies preterintentional liability somewhat differently.

Facts
Classification
Doctrine Category
Criminal Law 1
Connections

In Area Of Law

Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

Sources
1. Wikipedia: Preterintention
a feature of criminal law in several legal traditions that describes a situation wherein a criminal perpetrator unintentionally commits a crime of greater severityView the Source
Preterintention (Wikipedia)
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