A comperative study of intent in Anglo-Saxson and Continental European criminal law

Intention is a very important concept in criminal law because it constitutes the basis of criminal responsibility. For this reason, many opinions and considerations have been put forward in the doctrine about both the definition of intention and its types. In the basic sense, intention expresses the mental connection of the defendant with the crime. However, despite all the discussions in the doctrine, an extended and fully agreed definition of intention could not be made. It is observing that this doctrinal ambiguity affects judicial decisions. In Continental criminal law, the occurrence of the crime depends on the existence of the intention. In Anglo-Saxon criminal law, the existence of intent is sought in crimes called as "True Crimes", while the existence of a moral element is not required for the occurrence of the crime in criminal liability called "Strict Liability". In our thesis, this distinction is briefly mentioned, and the concept of intention in Continental criminal law, British and American criminal law, which is the source of the Anglo-Saxon law system, is handled in the context of doctrine and judicial decisions. While examining, it has been dedicated featured cases which are important for intent, due to the status of judicial decisions in this law system. It has been included in critiques and different aspects of authors in doctrine with in the context of these cases. As a conclusion, it is seen that it is also discussed in Anglo-Saxon law the issues discussed in Continental criminal law -with the different views-.