ABSTRACT
Depends on whether in the crimes under discussion the factual data are such that in a great majority of cases of oblique intention the actor is not sufficiently culpable to permit the imposition of criminal liability. A reasonable legislator may decide to enact basic crimes of intention. The legislator may reject the principle of a threshold of culpability, or he may think that there is no offence in the context of which the empirical data are such that in a great majority of the cases of recklessness the actor's culpability does not reach the required threshold. Before enacting a basic crime, the legislator should consider two further alternative options: First, to use a moral formula and, second, to refrain from requiring intention as a pre-requisite for liability, and to rely instead on the prosecution authorities.
