ABSTRACT

In this chapter, that author examines whether there is a way to justify the idea of distinguishing between direct intention and recklessness and, at the same time, including cases of oblique intention within the higher offence together with direct intention. An attempt to find a common denominator between direct and oblique intention would be to say that in both cases the actor exhibits his readiness to act even when the occurrence of the result is certain. The author suggests that the relevant mental common denominator between acting with direct intention to kill and acting with (mere) foresight of certainty that one's action will bring about the death of a person is the element of the choice to kill. The mental act of "choosing to kill" present both in cases of direct intention and in cases of oblique intention is not present in cases of recklessness.