Subjective Definition of Recklessness

Whether to maintain the subjective definition of recklessness in the criminal law. The subjective definition of Reckless is that the defendant suffers unfair risks and is actually aware of the result. In the Penal Code, there is a second definition in the term Lu Xun, but it is well known that this definition is objective recklessness. In an objective definition, that person is considered reckless when the defendant should bear unfair risks and should know if he is actually aware of it.

Furthermore, from the perspective of RvG, this reckless subjective definition will apply to all legal reckless offenses, not the definitions mentioned in the Cunningham case. The House of Representatives decision to force the definition of recklessness in RvG shows a significant impact by eradicating Cunningham's reckless definition. It is worth noting that the impact of this decision conveys the problem of Cunningham's recklessness definition. For example, in the definition of Cunningham, the test refers to risk only, so it does not mention the risk to the environment. However, the legal committee 's legislation added additional restrictions on the search for recklessness. Furthermore, according to the criminal law draft, it is also necessary to understand the risk, which may cause actual damage.

Whether to maintain the subjective definition of recklessness in the criminal law. The subjective definition of Reckless is that the defendant suffers unfair risks and is actually aware of the result. In the Penal Code, there is a second definition in the term Lu Xun, but it is well known that this definition is objective recklessness. In an objective definition, that person is considered reckless when the defendant should bear unfair risks and should know if he is actually aware of it.