The article discusses the required and necessary elements of a crime, subjective symptoms mentioned in criminal legal norms, independent elements of torture, to be separate study, highlights the subjective aspect of torture, the behavior of persons, including illegal, its external (physical) and internal (mental) side, the processes in the psyche of the perpetrator, the act or omission, committed socially dangerous acts intentionally or negligently, the circumstances of guilt as mental attitudes, analyzes the circumstances of mental attitude as consisting of 1) smart time 2) the date of the will, 3) emotional, the differentiation of the two forms of guilt – deliberate and careless, differentiation of types of retaliation in volitional element, optional (proper retribution) or conscious conceded (twisted retribution), the motives and goals of torture, personal animosity.