Definition of Preterintentional (Preterintentional)

The term preterintention acquires its true meaning in the legal context, specifically in the sphere of right penal.

Like many other legal words, preterintention comes from Latin, specifically from praeter intententionen, which literally means beyond the purpose. In criminal codes, this legal figure is applied to conduct whose results are foreseeable but its consequences go beyond what is desirable.

In colloquial terms, there is preterintention when someone wants to harm or harm another, but has not foreseen the consequences of his actions and ends up producing a greater evil. Thus, a homicide pre-intended if an assailant ends the life of a person even though his initial purpose was not to end his life.

Fundamental requirements for the existence of a pre-intentional crime

- In the first place, there must be an intention to commit a crime.

- Second, there has to be a disproportionate or excessive result.

- Third, there must be a causal link between the action taken and its consequences.

- Finally, there must be a predictability of the result.

Obviously, such predictability has to be legally demonstrated, since if this condition is not met, the crime (for example, a aggression resulting in death) would be considered a fortuitous action. In any case, the law It establishes that for a crime of preterintention to occur, the cause of it must have the possibility to foresee the consequences of his acts.

A hypothetical case to illustrate the concept

A driver of a vehicle and a pedestrian initiate a discussion caused by a incident Between both. The verbal dispute is increasing and the pedestrian assaults the driver, causing him death in an unexpected way. The aggressor's intention was to strike, but not to kill. Faced with this situation, it is worth asking how the aggression should be legally assessed.

Differences between homicide, murder and pre-intentional homicide

It must be taken into account that in the case of a crime with a death result, it can occur in different ways: homicide, murder or pre-intentional homicide.

The first case occurs when someone is killed for some imprudence. The second, when someone is killed with treachery or through cruelty. Pre-intentional homicide occurs when the death of someone was not something desired or wanted by the aggressor.

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