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Book One: 4 General Provisions
Part One: Felonies and Misdemeanours Title One: Scope of Application
Title Two: Criminal Liability
Art. 12
3 A person commits a felony or misdemeanour through negligence if he fails to consider or disregards the consequences of his conduct due to a culpable lack of care. A lack of care is culpable if the person fails to exercise the care that is incumbent on him in the circumstances and commensurate with his personal capabilities.
Book One: 4 General Provisions
Part One: Felonies and Misdemeanours Title One: Scope of Application
Title Two: Criminal Liability
Art. 13
2 If the person concerned could have avoided the error had he exer-cised due care, he is liable to prosecution for his negligent act provided the negligent commission of the act is an offence.