Wilfully or will-lessly

Wilfully or will-lessly

Well, the example of covering your ears and singing was not to be taken literally. But I can imagine the lines of the defense: defendant was not in the shop / did not look / did not even want to look / did not pay attention / does not remember.

The whole thing looks so ridiculous... Maybe it's the fact that under Spanish law, showing your works around would be completely pointless. While intention is obviously important in penal law (it is what tells apart homicide from murder), it is not for civil liability; this "bad faith" stuff must be something left over from the Reform and that pesky "free will" doctrine. Here you are responsible for your actions in the same degree and fashion regardless of your intention.

IANAL, although I have consulted this specific point with one.