Summary

The subjective necessary elements of a crime concern the offender’s internal characteristics, capabilities and states which cannot be established or checked directly. However, conclusions can be made also on the basis of external circumstances. For example, in the theft of a car, the purpose of such a theft can be concluded from the fact that the offender first used the car as its owner and then drowned the car in a river.

The author focuses on the subjective necessary elements of a criminal offence from the German perspective and then discusses the subjective bases of guilt and liability. The second part of the article is devoted to the respective rules in the Estonian Penal Code. Finally, some comparative observations are made.