Vorsatz und Schuld

In the English legal system, subjective elements of the crime are traditionally summarized using the term mens rea. The German tradition of general principles of criminal law, however, differentiates between »intention« and »culpability«. Whereas »intention« is understood as consisting of knowledge and will towards the actus reus, i.e. the external elements of a crime, »culpability« pertains to the knowledge of the unlawfulness of the act and the ability to behave accordingly. In comparing the English and the German criminal law systems, the author reveals a great deal of similarities in spite of the differences in terminology but also a surprisingly large divergence in the basic question of what behavior deserves to be punished.