English translation: In case of eventual or indirect fraud,
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Portuguese to English translations [PRO] Law/Patents - Law (general) / Legal explanation of the concepts of dolo and culpa
Portuguese term or phrase:dolo eventual
No dolo eventual, ou indireto, o agente tem a previsao do resultado, mas, prevendo o resultado antijuridico, embora nao o deseje, assume o risco de produzi-lo. Is this consequential malice??? I have "dolo" as malice and "culpa" as blame.
Explanation: I had this in my glossary from law firm days but I didn't note the source.
the "eventual" makes it milder, less formal, more "potential"
Donna Sandin United States Local time: 11:13 Specializes in field Native speaker of: English PRO pts in category: 260
2 days 2 hrs confidence:
oblique or foresight intent(ion)
Explanation: Dolo in Port. & Span. seems to be the underlying mens rea element of a crime.
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.
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.