'Mental element' in document 'Portugal - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER I-BASES OF PUNISHABILITY

Article 13
Intent and Negligence

Only acts committed with intent are punishable or, in the cases especially prescribed in the law, with negligence.


Article 14
Intent

1- Whoever, representing an act that constitutes a type of crime, carries it on, with the purpose of accomplishing it, acts with intent.

2- A person still acts with intent when he represents the accomplishment of an act that constitutes a type of crime as a necessary consequence of his conduct.

3- When the accomplishment of an act that constitutes a type of crime is represented as a possible consequence of the conduct, there is intent if the agent acts accepting that accomplishment.


Article 15
Negligence

A person acts with negligence when he does not behave with the care to which, according to circumstances, is obliged and is capable of, and:
a) Represents as possible the accomplishment of an act that constitutes a type of crime, but acts without accepting that accomplishment; or
b) Does not even represent the possibility of the accomplishment of that act.

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.