In most modern legal systems, the animus nocendi is required as an essential condition to give a penal condemnation.
The animus nocendi is usually demonstrated by the verified presence of these elements:
When the author of the crime had no animus nocendi, it is usually considered that the crime still exists, but the author is innocent, unless a responsibility for guilt can be found in his conduct: the typical case of a car accident in which a wrong or even hazardous manoeuvre causes personal injuries to another car driver, is then managed as a crime for the presence of injuries, yet the author will be not prosecuted as the author of the injuries (he did not want to hurt the other driver, thus he had no animus nocendi), but simply as the author of a dangerous conduct that indirectly caused said effects, and would be held responsible at a guilt title.
The animus nocendi is often absent in people with mental diseases, and in front of such people, a psychiatric expertise is usually required to verify the eventual animus. Minors too are in many systems considered little capable of a correct knwoledge about the meaning or the consequences of their actions, and this is the reason for the common reduction of the passive capability of punishment they usually can receive.