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General Part
Section 2.
Crime.
Chapter 5.
Guilt.
Article 28. Types of guilt.
1. The guilt is manifested willfully or through negligence.
2. An action committed through negligence is a crime if it is particularly envisaged in the Special Part of this Code.
General Part
Section 2.
Crime.
Chapter 5.
Guilt.
Article 29. Committal of willful crime.
2. A crime is considered directly willful if the person understood the danger of his action (inaction) for the society, had foreseen the dangerous consequences for the society and desired the emergence of these consequences .
General Part
Section 2.
Crime.
Chapter 5.
Guilt.
Article 29. Committal of willful crime.
3. A crime is considered indirectly willful if the person understood the danger of his action (inaction) for the society, had foreseen the dangerous consequences for the society, did not desire the emergence of these consequences but knowingly allowed them to take place.
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.