In response to intentional danger theory(Vorsatzgefahr)proposed by Professor Ingeborg Puppe of the University of Bonn,Germany,his colleague Professor Günther Jacobs agrees that the determination of intentional danger does not depend on the actor's unfounded attempts to achieve a good result or overestimation of his own abilities,or on a certain view that is not socially acceptable,i.e.it does not depend on the actor's own view,but rather on the communicative orientation of the judgment of whether or not the behavior would entail danger according to socially acceptable norms.It is not up to the perpetrator to decide whether or not the act causes danger,but in accordance with socially accepted norms.If the actor makes an error in judgment about the occurrence of the crime-constitutive result,it is still necessary to go back to his(objective)perception of probability to examine whether this error is sufficient to thwart criminal intent.Professor Jakobs disagrees with the inclusion of the psychological elements of the actors in the judgment of criminal intent,instead insisting that,as long as a normative approach to judgment is taken,it must be judged in light of the social significance of the acting person and reject those elements of the actor's irrationality;based on the normative judgments of the society,the risks that the society permits or has to tolerate on a day-to-day basis precludes the attribution of criminal intent.
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