Pre-intentional crimes involve unintended consequences beyond the initial intent of the perpetrator, characterised by a mixture of intent and negligence[1]. These crimes occur when an individual aims to commit a minor offence but inadvertently causes a more serious result, such as bodily injury[2] resulting in death[3]. Article 19 of the Brazilian Penal Code defines these offences as qualified by their result. The sentence considers the original intentional conduct, with the unintentional culpable result serving as an aggravating factor. Examples include robbery[4] that leads to death or intentional bodily injury causing unintentional fatality. The legal concept applies in various jurisdictions, examining the nuanced relationship between an agent's initial intention and the subsequent, more serious consequence. Academic and legal sources such as Netto & Fiorini and Mirabete & Fabbrini provide a comprehensive analysis of this complex criminal phenomenon.
The term "praeterintention" (also spelt "preterintention") is a Latin legal expression meaning "beyond intention". Therefore, committing a crime "praeter intentionem" means having committed an involuntary offence that was more serious than the intended crime.
In criminal law, preterdolous crime, aggravation by the result, crime qualified by the result or pre-intentional crime is characterised when the agent carries out a wilful misconductin other words, intentional, less serious, but achieves a more serious result than intended, in the form of culpable.
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