New Developments in Distinguishing Between Intent and Negligence
New Developments in Distinguishing Between Intent and Negligence

Summary/Abstract: This paper focuses on the substantive law problem of whether certain types of car accidents,namely those caused due to extremely extensive speed (i.a. „daredevil” streetraces) may be qualified by using not the provisions typically describing traffic offences,but the general provisions related to i.a. murder (or attempted murder). The prevailingopinion of Austrian jurisprudence and legal doctrine requires for the intent that, inaddition to being aware of a substantial risk, a further positive mental statement mustbe demonstrated, which means a voluntary decision to accept explicitly the impendingresult has to be proven. Is this the only possible interpretation?

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