Mens rea and Vorsatz
From Common law (mens rea) and German law (Vorsatz)
Criminal law
What it means
Both describe the mental element of a crime: what the offender knew and intended. Common law has a family of terms (intention, knowledge, recklessness). German law separates different forms of Vorsatz and treats 'Schuld' (culpability) as a separate step.
Why it travels badly
The German structure first asks whether the act fits the definition of the offence, then whether it was unlawful, and only then whether the person is culpable (schuldhaft). English 'guilt' mixes these steps, so a literal translation of Schuld as 'guilt' loses the structure.
How other systems say it
Vorsatz / Schuld
Vorsatz covers direct intent and 'conditional' intent (dolus eventualis). Schuld is culpability, a separate step.
intention, recklessness
Words with their own case-law definitions, used within a different structure.
Tip for translators and students
Translate Schuld as 'culpability' in criminal-law contexts, not 'guilt', and keep 'Vorsatz' with a gloss such as 'intent (including conditional intent)'.
See the Legal Dictionary entry →
Related: Prosecutor, Obligation and Schuldrecht
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
