Glossary entry (derived from question below)
Portuguese term or phrase:
dolo eventual
English translation:
In case of eventual or indirect fraud,
Portuguese term
dolo eventual
4 | In case of eventual or indirect fraud, | Marlene Curtis |
5 +2 | implied malice aforethought | Donna Sandin |
5 +1 | malice in law | Clauwolf |
4 | oblique or foresight intent(ion) | Adrian MM. (X) |
Proposed translations
In case of eventual or indirect fraud,
malice in law
neutral |
Donna Sandin
: Chaves latest edition skips the "eventual" kind of dolo
21 mins
|
anyway, it is defined in the context - so "malice in law" would fit
|
|
agree |
Henrique Magalhaes
13 hrs
|
obrigado
|
implied malice aforethought
the "eventual" makes it milder, less formal, more "potential"
oblique or foresight intent(ion)
Sub-categories in Eng. law include oblique intent where the outcome is foreseeable and transferred malice where the victim is different from the intended one.
Another possibility is conditional intent: a person goes into a store intending to steal anything, but does not form a definite intent until sees sthg.
TRANSFERRED MALICE
Under the doctrine of transferred malice a defendant will be liable for an offence if he has the necessary mens rea and commits the actus reus even if the victim differs from the one intended. The basis for this principle is the decision of the court in:
R v Latimer (1886) 17 QBD 359.
If the defendant has the mens rea for a different offence from that which he commits however, the intent cannot be transferred. See:
R v Pembliton (1874) LR 2 CCR 119.
Já o dolo eventual ocorre quando o sujeito assume o risco de produzir o resultado. O agente não deseja o resultado, pois se assim ocorresse, não seria dolo eventual, e sim direto.
Oblique intent (also known as foresight intent) covers the situation where the consequence is foreseen by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with his actions anyway.
http://www.proz.com/kudoz/727894
http://www.lawteacher.net/Criminal/Principles/Mens%20Rea%20Lecture.htm
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