Examples of using Element of intent in English and their translations into Arabic
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Political
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Colloquial
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Ecclesiastic
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Ecclesiastic
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Computer
The necessary element of intent may be inferred from sufficient facts.
Other delegations also underlined the need to incorporate the element of intent so as to allow charges to be brought.
The element of intent could be hard to prove and was thus susceptible to interpretation.
If the former case obtained, the element of intent must be reflected in the text.
Several delegations, however, opposed the incorporation into the definition of the element of intent.
As regards the element of intent, it was redundant in the light of paragraphs 1(a) and(b).
The provision does not explicitly refer to public officials or the mental element of intent.
One delegation pointed out that this article would be clearer if an element of intent was inserted into the definition of enforced disappearances, in article 1.
Removal from the protection of the law was simply a consequence of disappearance andshould not be regarded as an additional element of intent(dol spécial).
The proposal in the text retains the element of intent, which can be demonstrated by proof of rendering aid or assistance with knowledge of the circumstances.
They pointed out that national criminal laws required the presence of an element of intent in the commission of crimes.
It is the element of intent to destroy a designated group in whole or in part, which makes crimes of mass murder and crimes against humanity qualify as genocide.
His delegation believed that it was correct for the definition to include the element of intent, which would also make it possible to distinguish between legal acts and political acts.
Some participants considered that the element of criminal intent was implicit in the draft definition,and that an additional element of intent was not required.
It is the element of intent to destroy a designated group in whole or in part that makes crimes of mass murder and crimes against humanity qualify as genocide(ibid., para. 97).
It provides for various acts such as murder,causing serious mental or physical harm, etc., the element of intent to destroy in whole or in part and also a target group.
They noted that, in paragraph 74 of his report(E/CN.4/2002/71), the expert Manfred Nowak hadopted for a wording which contained no reference to such an additional element of intent.
Criminalization required the existence of the element of intent by the author of the crime, although evolution of international law brought some degree of objectification in this respect.
The United States delegation pointed out that,in the United States penal system, the elements of a crime, and in particular the element of intent, must be clearly established.
For instance, where there was an element of intent in an input error, the existence of the special rules in draft article 14 did not pre-empt the application of rules of law governing mistakes.
Regarding article 25, some delegations requested clarification in the commentary of the form and threshold for aid or assistance thatwould give rise to the State ' s responsibility, including by elaborating on the element of intent requirement.
Some delegations, however, considered that it was important to retain the revisedwording of the chapeau because it contained the general mental element of intent indispensable for the commission of an offence, while the other references were of a specific nature.
Similarly, the delegation of Canada said that the definition of enforced disappearance in article 2, and any reference to crimes or offences in the instrument, especially the obligation for States to make enforced disappearance a crime, should be interpreted in the light of the fact that,in the legislation of some countries, the element of intent was essential to any criminal offence.
Thus, in one view, the element of intent could be hard to prove and was thus susceptible to interpretation. In another view, in addition to the above-mentioned difficulty, there could also be a gap between intention and result; in other words, acts performed with the intention of producing legal effects did not necessarily achieve the intended results and, vice versa, acts that did not intend to produce legal effects sometimes produced them.
The Special Rapporteur would like to refer to article 5 of the Convention on the Prevention of Terrorism of theCouncil of Europe as a best practice in combining the element of intent and the risk of the commission of a terrorist act.
The Court would point out in that regard that the prohibition of genocide would be pertinent in this case if the recourse tonuclear weapons did indeed entail the element of intent, towards a group as such, required by the provision quoted above.
Other delegations considered that further reflection on the proposal was required, particularly to analyse if the proposal ' s content was not already covered by paragraphs 2 and3 of article 2 and if the element of intent found in other provisions had been omitted.
According to the definition contained in the Convention against Torture, four elements are needed in order for an act to be qualified as torture: firstly, an act inflicting severe pain or suffering, whether physical ormental; secondly, the element of intent; thirdly, the specific purpose; and lastly, the involvement of a State official, at least by acquiescence.
In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities(e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals.[1]Traditional criminal offenses which require no element of intent(mens rea) include statutory rape and felony murder.[2].
It was also suggested that a general clause should be drafted wherebyStates would be able to introduce the elements of intent which their criminal law required.