The verification of the mens rea and subjective elements of the type other than the mens rea in the context of a criminal proceeding is too complicated, since the impossibility for the judge to know what the executor of the conduct had in mind at the time of breaking the rule and put at risk the protected legal assets. In this circumstance, this work is aimed at providing the jurisdictional operator and any lover of criminal law, with the factual indicators that will serve to demonstrate that in the specific case the active subject knew that his conduct was risky for the indemnity of legal property.
