Today, one of the important issues in criminal law to explain the mental state of the offender is the term mental element, which is composed of will, malice, and knowledge, and the perpetrator in the real world commits a crime by committing behavior that stems from mental interactions. Basically, in the handling of criminal cases to determine punishment, the mental element of the crime must be established, otherwise it may have irreparable consequences, such as the innocence being retaliated against or even the guilt escaping the punishment it deserves. The Islamic Penal Code of 1392 considers the mental criterion in the commission of a crime and seeks to realize the mental element (intent). Also, the mental element shapes the relationship between the offender and the crime, and consequently, the criminal response to the crime is affected by this relationship, and one of the aspects of distinguishing civil and criminal liability is the existence of the mental element in proving criminal titles, which is important as the main element of the realization of any crime, which explains the moral justification of the criminal liability of the perpetrator, in such a way that with its absence, the grounds for holding the perpetrator accountable are eliminated. In addition, the mental element of the crime is one of the main pillars of criminal liability in French and English criminal law, which examines the intention, intent, and consciousness of the accused at the time of committing the crime. In both legal systems, this element, along with the material element of the crime, determines the occurrence of the crime, but the approaches and interpretations related to it in these two legal systems are different, so that French law, as a written legal system, defines the mental element based on codified laws and determines a specific framework.