Dolus
Intent
Dolus is the Latin term for intent or the conscious intention to bring about an unlawful consequence. The concept is essential for determining criminal liability and liability.
Dolus refers to the perpetrator’s intentional will to bring about a specific consequence, as distinct from negligence or culpa. In Dutch criminal law and the law of civil liability, dolus is subdivided into forms such as dolus directus and dolus eventualis, according to the degree of certainty with which the consequence is pursued.
The concept is significant because the presence of dolus aggravates the penalty or the extent of liability, and proof of intent is frequently decisive in proceedings. In practice, dolus is established by reference to the conduct, statements and circumstances of the case, for instance in cases of fraud in contractual relations or intentional offences.
Judges and lawyers employ the concept to characterise intent and thereby determine the appropriate legal consequences.
“The court held that the defendant had acted with dolus by knowingly providing the buyer with misleading information regarding the condition of the property.”
Need legal advice?
Schedule a free consultation with one of our specialists