Animus necandi and animus laedendi: What are they and how are they different?

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The animus necandi and the animus laedendi are two subjective elements that can occur in crimes against life. We analyze what they consist of and what differentiates them. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is the animus necandi? In the field of criminal law, intent is the knowledge that the conduct carried out meets the typical elements of a crime, and the intention to carry out said conduct. Well, the animus necandi is, specifically, the intention of killing. That is, the animus necandi is the knowledge that a certain action can cause the death of another person and the will to perform said action. Thus, the animus necandi is a subjective element of crimes against life (translated as the intention to kill). To determine the animus necandi, each case must be assessed individually. J

urisprudence has defined certain circumstances that are taken into account for this purpose, but these circumstances must be put in the context of the particularities that each case presents when concluding whether or not animus necandi has existed. What is the animus laedendi? The animus laedendi is also a subjective element, but in this case it is specified as the intent to injure. That is, the animus laedendi is appreciated in DM Databases those cases in which the subject performs an action with the sole intention of causing injury to a person, not death. How are the animus necandi and the animus laedendi different? n the first case and that of injuring in the second. When is it important to determine the animus necandi and the animus laedendi? There are cases in which the crime committed is clear, but in others there is a series of circumstances that make the classification more complex. It is precisely in cases like these when the animus necandi and the animus laedendi come into play.



Specifically, when it is necessary to decide whether a conduct constitutes a completed crime of injury , or a crime of attempted homicide . In these cases, it is essential to determine if the subject acted with the intention of killing the person, or if his intention was only to cause injuries (but these ultimately led to said person's death). What criteria are taken into account to determine whether there was animus necandi or animus laedendi in a case? Jurisprudence has been taking into account a series of criteria to determine whether there has been animus necandi. As recalled by STS 967/2012 of December 4, 2012 , these are the following: Direction of the blows, area of ​​the body affected, number and violence of the blows and weapon used. The conditions of space and time. Circumstances related to the action. Manifestations of the culprit himself both before and accompanying the attack as well as his subsequent actions. Pre-existing relationships between victim and perpetrator. If from the application of this type of criteria it is concluded that there has been no animus necandi, it will be determined that there was animus laedendi.