Subjective elements of an offence

The subjective elements of an offence concern the mental side of criminal liability. They include intent, knowledge of relevant facts, conditional intent, specific purposes, motives or, where the law provides, negligence. Swiss criminal analysis usually asks whether the accused realised the objective elements with the required state of mind before moving to unlawfulness and culpability. Some offences require only intent, others a special intent such as enrichment or coercive purpose. If the required subjective element is absent, conviction for that offence fails, though a negligent or lesser offence may remain possible.