Special Mens Rea in the Crime of Theft in the Jordanian Criminal Legislation

The objective of this study is to clarify the issue of Special Mens Rea in the crime of theft in Jordanian law by discussing the moral element that must be present in the crime. If this element is not achieved, the crime lacks an essential element. The general intent in the crime of theft is based on the two elements of knowledge and will, as the perpetrator must be aware of the elements of the criminal act and his will is directed with that to perform the act, as it is the knowledge associated with the will of the material activity constituting the crime. The special intent or Mens Rea is to remove the owner’s disposition of the money on which the act of taking occurred. The intention to own this money. Several recommendations were made, including adding the phrase (intent to own) to Article (1/399) of the Penal Code.