Murder is an offense of result and its realization depends on obtaining a particular result; that is, a human's loss of life. Principally, the mental element (mens rea) of a crime encompasses all components of an objective element (actus reus). In order to attribute a crime as a murder, in addition to commiting a felony act, malice should also be regaded as a component of the crime result. Accordingly, the jurisprudents believe that a crime is considered a murder when it has a criminal intention or a general malice as well as the intention to the result or a specific malice. For this reason, the intention is an integral component of the mental element of the murder. The objective of this paper was to investigate a jurisprudential criterion to detect malice (mental element) in the murder with the intention of the result. Regarding the literature of the present study, it was revealed that the general and specific malice are the most essential components in the realization of the mental element of the murder. Therefore, according to the jurisprudential aspect, the criteria to detect malice in the murder are both the intention of the commission and the result of the commission.
