Spans in 'Germany - Criminal Code' tagged with 'Mental element'

'Mental element' in document 'Germany - Criminal Code'

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More information about the keyword 'Mental element'
More information about the document 'Germany - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 15
Intent and negligence

Unless the law expressly provides for criminal liability based on negligence, only intentional conduct shall attract criminal liability.

RELEVANT ROME STATUTE PROVISIONS

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.

ANALYSIS

This provision is wider than the ICC Statute.

Section 15 of the StGB provides that only intentional conduct shall be punished. The Rome Statute provides requires both intent and knowledge.